ORBIH WINS, AS COURT BARS EDO STATE FROM LAND USE CHARGE

The Edo High Court Sitting in Benin City has barred Governor Godwin Obaseki and the Edo State Geographic Information Service (GIS) from the collection of land use charge in the state, describing it as unconstitutional, null and void.

The judgement which was delivered by Justice Peter Akhihiero on April 25, 2022 was sequel to a suit brought before him by the claimant, Chief Ferdinand Orbih SAN.

Justice Akhihiero held that land use charge was an exclusive matter for the 18 local government areas in the state.

In the Judgement with suit No. B/99D/2022, counsel to the claimant, Kingsley Obamogie had argued that by Section 7 (1) (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the collection of “Land Use Charge” was the exclusive duties of the 18 local governments of the state specifically donated by the constitution, which does not allow any derogation whatsoever.

Obamogie specifically made reference to Paragraph 1(j) of the Fourth Schedule to the Constitution that the Land Use Charge Law, 2012 and argued that the law as enacted by the Edo State House of Assembly was in flagrant breach of Section 7 Subsection 1 and 5 and paragraph 1(j) of the Fourth Schedule to the constitution.

He stated that local governments could not give up powers given to them by the constitution to collect tenement rates through an agreement between the 18 local governments and Edo State Government, being an obligatory duty imposed by the constitution.

Delivering the Judgement, Justice Akinhiero held that there was no written agreement presented to the court between the 18 local governments and the Edo State government delegating the powers to collect tenement rates to the state government.

The court also held that it was an ouster of express powers provided by the constitution for the Land Use Change Law to give powers to the Edo State Government to collect Tenement Rates using the Edo GIS.

The court then declared the Edo State Land Use Charge Law 2012, which purports to take the powers from the local governments in Edo State to collect tenement rates, as null and void, according to a THISDAY report.

Said Justice Akinhiero: “Sequel to the foregoing, I hold that in the light of the provision of Section 7, sub-section 1 and 5 of the constitution of the Federal Republic of Nigeria, 1999 (as amended) and paragraph 1(j) of the fourth schedule to the aforesaid 1999 constitution the provision of section 3 (2), 5, 18, 24 and the identified parts of section 27, the land use charge law , 2012 of Edo State are unconstitutional , invalid, null and void and of no effect whatsoever. I therefore resolved issue 1 in favor of the claimant.”

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TRAFFIC OFFENCES: ‘HOW LAGOS STATE HOLDS MOBILE COURTS, CITIZENS BY JUGULAR’

In this piece, MR. BAYO AKINLADE, anti-corruption crusader, former Chairman of Nigerian Bar Association (NBA), Ikorodu Branch and self-styled “The Bonafide Lagosian” x-rays the operations of Lagos traffic management company and treatment of alleged traffic offenders and argues that the mobile courts are being held by the jugular by the Executive arm

The Lagos Metropolitan Area Transport Authority (LAMATA) is the Lagos State Government agency created to coordinate transport planning, policies, and public transport infrastructure implementation in the Lagos Metropolitan Area.

The organisation oversees wide range of transport planning and implementation of transport strategies and plans in Lagos, as well as the Lagos Rail Mass Transit and the Lagos Bus Rapid Transit System. THIS IS A BIG LIE AND THE SCAM OF THE CENTURY, this is why.

LAMATA IS THE REGULATOR OF ONLY ONE TRANSPORT COMPANY

The Blue BRT Buses are the only buses allowed on the BRT Corridor in Lagos State. The buses that operate on the corridor are owned by ONE company called Primero Transport Services. Primero is a private company owned by Mr. Fola TINUBU and your guess is as good as mine on who that is.

If one company alone has exclusive access to one whole lane on most of Lagos highways, then I am very bothered especially with the scarcity of roads in Lagos and the fact that most roads are damaged and under construction.

Despite its laudable initiative, the Lagos State government shows great indignation and hatred for its citizens when it allows us to spend hours on the roads while a whole lane is reserved for one bus company.

The fact that citizens have no competitive alternative is also a big disservice. Many users of the BRT are extorted daily by the bus company when monies are taken out of their bus cards illegally, they stand in queues for hours while the buses just stand there empty, they are forced to enter direct route buses and pay the maximum fare even though they are stopping on the way, there are mostly no refunds for wrongful deductions and the complaint process is set up to frustrate you.

Ordinary citizens have no respite? Can even the Federal Competition and Consumer Protection Commission stop this evil?

BRT LANES AND ENFORCEMENT

To secure the income of this one company that runs the BRT corridor, LAMATA has an enforcement team that engages the services of the Nigerian Police, LASTMA, FRSC and other law enforcement agencies.

These enforcers don’t know the traffic laws and instead of helping to ensure free flow of traffic as the object of LAMATA, they are interested in entrapping motorists and extorting monies from them. Is LAMATA concerned about this? Sadly NO.

I am aware that the MD of LAMATA has some foreign experience but I regret to observe that the MD is not competent enough to manage these situations that we find ourselves in Lagos State.

Should a state with so few road networks be busy impounding cars and arresting motorist for traffic offences that are created just to oppress people?

If people are taking one way, why don’t you just redesign the road and temporary designate one ways as ways that can flow both ways at certain times of the day. Why can’t enforcers redirect traffic instead of ambushing motorist? Why can’t they be more understanding and explain to the motorist why they should not do certain things rather than forcefully jump into their cars, tow their cars away, or illegally remove their licence plates?

It’s quite unfortunate that we may have experienced and educated people at the helm of affairs but ignorant, uneducated and violent persons as enforcers on the streets.

LAMATA AND THE COURTS

This one is closer to home. The government has held the Mobile Courts and some magistrates’ courts by the jugular. The judiciary is not independent to determine traffic offence cases. The system is so unjust that it is the traffic violator that has to prove his innocence. Most principles of Law don’t have a place in the adjudication of traffic laws in Lagos State.

I am so disappointed that our Judiciary has condescended to the Executive arm of government and allowed itself to be manipulated and intimidated. It has been rumored that the Judiciary now generates income for the Lagos State government in a clandestine manner. I am sure we can now see how. But the courts are helpless and they need the citizens to speak up for their rights.

Isn’t it ridiculous that when you are arrested for a traffic offence, those who arrest you don’t have tickets they can issue? Why should you commit an offence in Lagos Island and be forced to drive to Ketu to get a referral to appear in Court? Why should you go from court at Oshodi to Ketu to pay your fine? In this Lagos where it takes an average of 2 to 3 hours to get to any particular destination!

Let me appeal to both our Judiciary and the Legislators to reconsider the Traffic Laws, look at its implementation, management, enforcement and prosecution. The fines are absurd and inhuman, the process of prosecution and adjudication is skewed and illegal – mostly violating all known principles of law and the constitution.

WE ARE THE PEOPLE. The government is there to serve us and not to lord it over us. If you are arrested for a traffic offence, make sure you take pictures or make videos of the area.

Do not resist arrest but insist on driving your own vehicle or to be taken to court immediately. Get in touch with the Office of the Public Defender (OPD). The OPD is available at the mobile courts as well.

You may also contact the Legal Aid Council of Nigeria or any Nigerian Bar Association Branch in Lagos State.

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‘GADZAMA IS A JAUGGERNAUT,’ SAYS YAKUBU BAWA

The Chairman of the Nigerian Bar Association (NBA), Jos Branch has described the NBA Security Agencies Relations Committee (NBA-SARC) Chairman, Chief Joe-Kyari Gadzama SAN as a juggernaut who transcends above everything noble.

Speaking yesterday while addressing members of the branch during their monthly general meeting, Bawa also hinted that the leading litigator is a crowd-puller when he said: “So many turned up for this meeting because they heard you were coming. I have never seen some faces since I became chairman of NBA Jos Branch, but I’m privileged to identify with them today because of you.”

Gadzama had visited the branch accompanied by a strong delegation and in continuation of his consultations in his quest for the presidency of the NBA.

Mr. Tobb Kekemeke, a long-term friend and ardent supporter of Gadzama, described him as “an astute Bar man who has given and is still giving to many in large and impressive quantum.” He noted that the monthly meeting was hosted by “Friends of J-K Gadzama SAN.”

Also speaking, a Governorship aspirant, Mr. G. S. Pwul, SAN expressed delight at the virtues embedded in the foremost arbitrator, noting that “he is a humble man, a man of integrity, a son of the soil.” He assured Gadzama of massive support from the branch in the run-up to the NBA Elections.

Responding, Gadzama thanked the Branch executives and members for the warm welcome, urging them to support his vision for the Bar. His words: “When I climb, I do not remove the ladder; I leave it there for others to climb because I stand on justice, equity, good conscience and what is right.” He concluded that the future is only successful when there are successful successors.

Gadzama was accompanied by Mr. Mela Audu Nunghe, SAN; Mr. Steve Abar; Mr. Ralph Monye; former NBA Jos Branch Chairman, Mr. I. Y. Karson; Mr. M. T. Hussaini; Mr. Stephen Lobani; Mr. H. A. Bulmen; Mr. Emmanuel Obateru; NBA Young Lawyers Forum, Bukuru Chairman, Mr. Simon Mom; Mr. Jacob Dawan; Mr. Zion Lashom; NBA Bukuru Branch Secretary, Mr. Chapo Daniel; NBA Bukuru Branch YLF Secretary, Mr. S. S. Obende; Mr. Jerry Musa Ombugadu, and Mr. Tengya Jochebed Habila.

Meanwhile, the NBA-SARC Chairman has also received a similar warm welcome at NBA Bukuru Branch.

The branch members welcomed the entourage with a standing ovation and rounds for applause “in recognition of the presence of a giant in the legal profession whose milk of kindness has flowed lavishingly on noble men and women of the legal profession and beyond,” a statement said.

In his response, Gadzama declared that dignity and respect for lawyers are virtues that should be upheld to the letter irrespective of seniority or rank in the legal profession. He urged the members to “keep the sanctity of NBA by walking in the footsteps of pace setters who have proven themselves over the years.”

The NBA Bukuru Branch YLF Chairman, Mr. Emmanuel Obateru pledged his support and that of his friends to the aspiration of the Bar Leader.

On his part, Mr. Fom Bot said: “I have been a supporter of Chief Joe-Kyari Gadzama, SAN for more than 10 years. Wherever he goes, I will go. I pledge my support and promise to avail myself through the process till finish.”

 

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UGWUOKE LAUDS OSIGWE, MOGBO ON YOUNG LAWYERS’ WELFARE

An aspirant for the office of Nigerian Bar Association (NBA) Welfare Secretary, Mr. Ikechukwu Maximus Ugwuoke has commended Bar Leaders, Mazi Afam Osigwe SAN and Chief Anthony Mogbo SAN for their support for young lawyers.

Noting that some senior lawyers “are doing their best” to ameliorate the challenges facing young lawyers, Ugwuoke said: “I was delighted to learn of the recent opening of application for Afam Osigwe SAN Courtroom Mail Prize for Young Lawyers.

“I am also aware that earlier this year a member of the Inner Bar in Enugu, Mogbo SAN paid the practicing fees for all young lawyers from all the branches of NBA in Enugu State. Such gestures are highly encouraging to young lawyers.”

Describing the initiatives as “quite commendable,” the aspirant said that “More of such gestures are expected from very senior members of the Bar and more especially the Senior Advocates of Nigeria towards encouraging the young lawyers.”

He noted that the challenges that young lawyers face in legal practice are well known to all senior lawyers “many of who passed through same challenges in their early days of practice,” and said that “it is unfortunate that many successful senior lawyers tend to either forget to render assistances to young lawyers or concentrate only on the welfare of the young lawyers that are working under them.”

According to him, “The challenge of one young lawyer anywhere should be a thing of concern to all. The young lawyers of today are the senior lawyers of tomorrow and their welfare need to be taken care of so that they can realise their aspirations.

“Many young lawyers face situational challenges that make them veer off the track in a bid to survive. The kind of foundations laid for young lawyers will determine the kind of Senior Lawyers they would grow to become.

“Senior Lawyers in Nigeria by the special privilege they enjoy in the Bar are highly priced in the profession. By that privilege they handle most juicy briefs that make them financially viable. We know the legal profession is like a wine, it gets better as it gets older.”

Pointing the way forward, Ugwuoke said: “It would not be a bad idea for successful senior lawyers and members of the Inner Bar to set up a trust fund for the welfare of young lawyers. They could set out a specific sum of money that every successful senior is expected to be contributing to the trust fund annually as part of their support for the growth of the younger ones.

“Funds from such trust funds could be used to pay monthly stipends to all young lawyers of less than 7 years post call irrespective of their place of practice. This gesture will go a long way in cushioning the effect of the hardship young lawyers are subjected to. Some professions like the medical profession have a system that rewards their new entrants during their housemanship and internship programmes.”

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VACANCY FOR CHIEF EXECUTIVE OFFICER

WHO WE ARE
We are a membership-based service provider with a global growth trajectory. We continue to add features and services to meet the professional and career needs of our members.

In doing so, we are upgrading our services to reflect industry changes, as we strengthen our relationship with related professional bodies in a fast-paced digital business environment.

We are seeking for a compassionate, result and market-oriented person to fill the position of Chief Executive Officer. The ideal candidate will drive the outfit to achieve the above goals.

REQUIREMENTS
The ideal candidate must

a. Possess a degree either in Law, Quantity surveying, Architecture or Engineering. A Master’s degree in any other discipline will be an added advantage.

b. Not have less than 15 years cognate experience and not less than 10 years in a senior management position.

c. Have a good knowledge of the use of ADR as well as ICT marketing tools.

The organisation is an equal opportunity employer.

REMUNERATION
Competitive and performance based.

APPLY
To apply, please email legaljobs77@gmail.com

DEADLINE
All applications must be received on or before May 20, 2022.

Only shortlisted candidates will be contacted.

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ANXIETY, AS ECNBA CONSULTANT IN CONTROVERSIAL 2018 ELECTION ‘RETURNS’

There are concerns in legal circles following revelation by the Electoral Committee of the Nigerian Bar Association (ECNBA) that one of the applicants for the crucial role of “Technical Support Consultant” (TSC) played the same role in the controversial 2018 NBA Elections.

The ECNBA had in a Public Notice yesterday urged NBA stakeholders to comment on the suitability of two leading ICT firms seeking to fill the role of ECNBA Technical Consultant. The two companies are Finesse Integrated Technologies Limited and Thriveonus Limited, both Abuja based ICT companies.

While reeling out its numerous operations especially in the legal sector, Finesse Integrated Technologies Limited wrote: “NBA – Technical Consultant to the ECNBA for the 2018 NBA general elections.” This is aside from other jobs done for the Supreme Court of Nigeria, Court of Appeal, National Judicial Institute (NJI) and the Nigeria Deposit Insurance Corporation (NDIC) in an otherwise rich resume.

CITY LAWYER investigation however shows that the 2018 NBA Elections remains one of the most controversial in the history of the lawyers’ association. Following a CITY LAWYER exclusive report showing that former NBA President, Mr. Paul Usoro SAN – who was one of the presidential candidates in the election – was equally a non-Executive Director at Access Bank Plc alongside Dr. (Mrs.) Ajoritsedere Josephine Awosika, the pioneer female Chairman of CHAMS hired as ICT Partner to midwife the election, this set off a chain of events that took the election beyond the July deadline stipulated by the NBA Constitution.

Current ECNBA member and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu referred to the debacle when he wrote: “Under the constitution of the association, the ballot was to have concluded before the end of July. A cocktail of implausible cock-ups had conspired to defer the completion of the ballot by three weeks beyond the constitutionally permissible date.”

Passing a judgement on the 2018 NBA Elections, the fiery human rights activist wrote: “The figures announced by the ECNBA suggested a very spirited contest. In reality, the outcome was pre-determined. The ECNBA and the NBA leadership of AB Mahmoud SAN had presided over the most willfully manipulated ballot in the history of the association.” While Usoro emerged victorious with 4,509 votes, Chief Arthur Obi-Okafor SAN and former Deputy Director-General of the Nigerian Law School, Prof. Ernest Ojukwu SAN polled 4, 423 and 3, 313 votes respectively.

Odinkalu observed that the process leading to the engagement of CRENET, a new election data service provider, was shrouded in secrecy, adding: “One phone number in particular, 0807 410 7787 accounted for 41 voters; 0810 642 1702 accounted for 32 voters, while 0806 402 8401 accounted for 18. Between them, these three numbers alone accounted for 91 votes, that is six votes more than the announced margin of 86 votes between the declared winner and the runner up.”

This would later ground prosecution of two lawyers by the Economic and Financial Crimes Commission (EFCC) following a petition by Obi-Okafor. In the August 28, 2018 petition presented by the ICT Team Lead for his campaign organization, Mr. Olumuyiwa Olowokure, it said: “The NBA 2018 National Elections which held from August 18 to 20, 2018 has been mired in controversy following complaints of gross irregularities characterised by theft of members’ identities and data, internet fraud, interference/manipulation of the online portal … parties connived to fraudulently manipulate the electoral process to achieve a predetermined outcome.”

The EFCC in the suit marked FHC/L/118c/2020 and signed by its counsel, Mr. Rotimi Oyedepo, alleged that the accused persons altered 1004 eligible voters’ personal details and cast votes for the former NBA president by impersonating voters through fraudulently using the Supreme Court Enrolment Numbers of some lawyers.

While CHAMS and CRENET were in the eye of the storm for the alleged fraud that enveloped the election, Finesse Integrated Technologies Limited seems to have been in the shadows. The process leading to its appointment as ECNBA’s Technical Consultant as well as the exact role it played during the 2018 NBA Election seem to be mired in mystery. Given that the ECNBA was decidedly silent on its involvement in the 2018 Election, it was not until yesterday that it announced its participation in the controversial election.

Said Odinkalu: “In the end, a voting process that was supposed to be seamless suffered at least eight deferrals and one suspension. Every stage in the process was tortured.”

Ojukwu also had only harsh words for the conduct of the election. He denounced the election as having been characterized by “massive vote buying, vote capture, rigging and a skewed process.”

The uproar that greeted the 2018 election as well as the one before and after it compelled the Body of Senior Advocates of Nigeria (BOSAN) to set up a five-man committee to work with the NBA to review the 2018 and 2020 elections. Members of the committee were Chief Joe Kyari-Gadzama, SAN; Mr. Osaro Eghobamien, SAN; Chief Yomi Aliu, SAN; Prof. Offornze Amucheazi, SAN, and Mr. Ebun Olu-Adegboruwa, SAN.

Former NBA President and Chairman of its Board of Trustees, Dr. Olisa Agbakoba, SAN said of the electoral audit: “It is very good to review the electoral process of NBA, which is exactly what we, the Trustees recommended.” The BOSAN Committee soon became troubled itself, with the resignation of some of its members including Gadzama.

Following his commitment in his inaugural address to review the association’s electoral process and bequeath a flawless electoral system to the lawyers’ body, NBA President, Mr. Olumide Akpata on September 30, 2020 set up the Mr. Ayodele Akintunde SAN-led “Electoral Reform and Audit Committee.” One of the committee’s terms of reference was “To audit the elections of National Officers of the NBA of 2016, 2018 and 2020 and recommend reforms (if any) of the electoral process.” Aside from submitting a detailed report on the malfeasance that bedeviled past NBA Elections, the mantle again fell on Akintunde to walk the talk by implementing his committee’s recommendations geared towards a free, fair and credible NBA Election.

Attempts by CITY LAWYER to reach Finesse Integrated Technologies Limited on its role in the 2018 NBA Elections proved abortive. Though one Ruth Isaac told CITY LAWYER that the company’s Managing Director and Chief Executive, Mr. Akintomide Akinwolere would respond timeously to our enquiries, he was yet to do so at press time.

According to the “Request for Proposal For Technical Support Consultant to the ECNBA” dated April 11, 2022 the all-important role of the Technical Support Consultant was spelt out as follows: “The TSC shall be responsible for providing the requisite consulting and advisory services necessary to attain the goal established by the ECNBA for the Project. Specifically, the TSC shall play key roles in the following areas:

1. Member Identity & Database (Technical Assistance):
(a) Collect, review and certify as adequate and fit for purpose, an approximately 50,000– 60,000 member-rich database, and transform same into a Register of Voters in an integration ready format for use with any standard Election Management System (EMS); and

(b) Propose a multi-Factor Authentication (MFA) protocol to govern the identification and verification of members on the EMS to be deployed for the Project.

2. ICT Service Provider (“Service Provider”):
(a) Develop the technical requirements and the ECNBA’s criteria for engaging the Service Provider that will deploy the EMS;

(b) Support the ECNBA in developing the requisite RFP for the selection process and subsequent negotiations between the qualified, experienced, skilled, and selected Service Provider; and

(c) Outline the deliverables that will be incorporated in the Service Level Agreement (SLA) and Operational Level Agreement (OLA) that will govern the performance and operations of the EMS services by the Service Provider.

3. Stakeholder Support:
(a) Support the ECNBA in its voter sensitization and enlightenment outreach by producing materials, including Q&A’s, for publication on the Project website or distribution to members, and to attend the ECNBA branch or regional stakeholder programs physically (or virtually), to respond to technical issues raised by members;

(b) Conduct trainings for members (virtually or physically) on any aspect of the electoral process, including voter registration and certification as well as login and logout protocol of the EMS; and

(c) Set up and operate a Technical Support Centre, including 24/7 Call Centre from the commencement and throughout the election period, to assist members on any technical issues relating to access, login, or logout process on the EMS.

4. Tests, Audits & Reports:
(a) Conduct a system and software testing to ensure that the EMS is implementing the latest, modern technology and solutions;

(b) Conduct functionality testing to ensure that the EMS delivers on all the functional requirements and specifications stipulated by the ECNBA;

(c) Conduct vulnerability testing to identify any vulnerability or threat to which the system might be exposed, assign severity levels to threats found, and propose remediation or mitigation; and

(d) Perform process audit of the EMS, monitor elections real time, and carry out postelection audit and produce all relevant reports required by the ECNBA.

According to the approved ECNBA Budget, the Technical Support Consultant is to earn N15 Million for its services.

It remains to be seen the exact role played by Finesse Integrated Technologies Limited in the NBA 2018 Elections saga.

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ECNBA PEGS TOMORROW FOR COMPLAINTS ON TSC APPLICANTS

The Electoral Committee of the Nigerian Bar Association (ECNBA) has called for complaints against two firms that have applied to be Technical Support Consultant to the committee.

In a Notice released today, the electoral committee stated: “We wish to invite any member of the Association who has any reason why the foregoing entities should not be engaged as Technical Support Consultant by the ECNBA, to contact us by email(info@ecnba.ng) with all relevant fact in that regard by or before 11:59pm Wednesday, 27 April 2022.”

The two firms that have applied to play the role of Technical Support Consultant are Finesse Integrated Technologies Limited and Thriveonus Limited.

The notice was signed by ECNBA Chairman and Secretary, Mr. Ayodele Akintunde SAN and Ms. Mabel Ekeke.

ECNBA_TSC

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NBA-SPIDEL: EARLY BIRD WINDOW FOR SOKOTO CONFAB ENDS SOON

The Nigerian Bar Association (NBA) has urged lawyers and the general public to ensure that they use the Early Bird window to register for the eagerly awaited NBA Section on Public Interest and Development Law (SPIDEL) Annual Conference.

In a statement by its Publicity Secretary, Dr. Rapulu Nduka, the NBA stated that lawyers are “specially invited to participate” in the NBA-SPIDEL Annual Conference scheduled to hold in Sokoto, urging prospective participants to “Kindly register through this link https://nbaspidel.ng/nba-spidel-conference-2022/.”

The notice observed that Early Bird registration will end on the May 2, 2022, adding: “Be assured that the topics of discourse, array of speakers, and secured serene environment will make this year’s NBA-SPIDEL conference an exciting one.”

Meanwhile, many lawyers who have registered for the conference have taken to their social media handles to excitedly announce their participation.

Below is the full text of the NBA statement.

2022 NBA SECTION ON PUBLIC INTEREST AND DEVELOPMENT LAW ANNUAL CONFERENCE: INVITATION TO PARTICIPATE

Dear Colleagues,

You are specially invited to participate in the Annual Conference of the Section on Public Interest and Development Law of the Nigerian Bar Association (NBA-SPIDEL), which will take place from the 22nd -26th May 2022 at the Sokoto Conference Centre, Sokoto, Sokoto State. The theme of the conference is “Rule of Law and Democratic Evolution in Nigeria.”

Kindly register through this link https://nbaspidel.ng/nba-spidel-conference-2022/

Kindly note that early bird registration will end on the 2nd day of May 2022.

For more information on the various sub-topics for discourse, array of speakers, list of topclass hotels at discounted rates, tourist attractions, membership information etc., kindly visit www.nbaspidel.ng

Be assured that the topics of discourse, array of speakers, and secured serene environment will make this year’s NBA-SPIDEL conference an exciting one.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

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SUPREME COURT JURIST, OGAH, KALU, BAR LEADERS BID PA UBANI FAREWELL

It was a roll-call of ‘Who is who’ in the Bar, Bench and political sphere at the burial ceremony for Pa Ubani Egbedubi Nwokocha, the father of Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) Chairman, Dr. Monday Ubani.

The late patriarch of the Ubani Dynasty was interred at the weekend in his home town in Umuosoko Awomukwu, Ikwuano Local Government Area of Abia State.

Among those that witnessed the ground-breaking funeral rite were Minister of State for Mines and Steel Development, Dr. Uche Ogah; Justice Inyang Okoro of the Supreme Court; Chief Judge of Abia State, Justice Onuoha Ogwe; Speaker of Abia State House of Assembly, Rt. Hon. Chinedum Orji; Abia State Attorney-General & Commissioner for Justice, Mr. Uche Ihediwa; former Minister of State for Defence, retired Col. Austin Akobundu, and Rear Admiral Ralph Osondu (rtd.).

The Bar was fully represented with the presence of African Bar Association (ABA) President, Mr. Hannibal Uwaifo; NBA General Secretary Joyce Oduah; NBA Security Agencies Relations Committee Chairman, Chief Joe-Kyari Gadzama SAN; NBA Welfare Committee Chairman, Mr. Yakubu Maikyau SAN; former NBA General Secretary, Mr. Jonathan Gunu Taidi; his counterpart, Mazi Afam Osigwe SAN; former NBA Lagos Chairman, Mr. Chukwuka Ikwuazom SAN; Mr. Emeka Ozoani SAN; former Attorney-General of Abia State, Mr. Okey Amaechi SAN; Dr. S. E. C. Nwosu, outgoing NBA Ukwa Branch Chairman; former Governor of Eastern Bar Forum (EBF), Mr. Soseipriye Long-Williams; current EBF Governor, Mr. Uba Anene; Mr. Ebitu Akpadiaha and Mr. Afam Ofomata.

Others are Messrs Desmond Yamah, Adesina Adegbite, Ede Asenoguan, Victor Nwaugo (former NBA Legal Adviser), Kelvin Ejelonu, Chukwuemeka Mbamala, Clement Chukwuemeka, Damian Nosike, Jude Ezegwui, Ogaga Emoghwanre, Daniel Kip, Felix Ashimole, Charles Ajiboye, Okey Ohagba (dubbed as the “Chief Event Planner”), Mrs. Linda Bala, Funmi Adeogun, EBF council members, and Otu Oka-Iwu members among many others.

Also not left out were the member representing Ikwuano State Constituency at the Abia House of Assembly, Hon. Stanley Nwabuisi; Ikwuano Local Government Chairman, Chief Stephen Mpamugo; HRM Eze Dr. Ndimele, Chairman Ikwuano Traditional Rulers Council; Chief Henry Ikoh, Senator Nkechi Nwaogu, Hon. Acho Obioma; Assemblies of God Ministers and especially the leaders and members of the Assemblies of God, Ikeja where Dr. Ubani worships among many others.

In his tribute, Ogah stated that late Pa Ubani lived a fulfilled life and left many good legacies, “including my good friend and brother, Dr. Monday Ubani who is known to be a voice for voiceless Nigerian masses.” He eulogized Ubani for being a true son of his late father.

He said that his presence was to show solidarity and mourn with Ubani given the close bond that exists between him and the NBA-SPIDEL Chairman. He extolled the NBA-SPIDEL chieftain for his immense contributions to the development of the country.

On his part, the Senate Chief Whip, Senator Orji Uzor Kalu (Abia North) described ‘Egoro’ as one that stamped indelible footprint in the sands of time. His words: “While death at any age is sad, we are however consoled by the fact that he lived a fulfilled life as a loving husband, caring father, community leader, devout Christian and philanthropist.”

Senator Nkechi Nwaogu enjoined the Chief Mourner to take comfort in knowing that late Pa Ubani is resting in the arms of the Lord. She said: “Though his death obviously has created a big vacuum in the family but be strongly consoled by the fact that he lived a fulfilled life.”

Rep. Sam Onuigbo stated that “Egoro Oti must have transitioned to eternal glory with a smile on his face and a heart full of joy and pride,” even as the former Superintendent of Assemblies of God Nigeria, Rev. Dr. Chidi Okoroafor enjoined the congregation to live a life with eternity in mind.

Speaking to newsmen shortly after the interment of the late Patriarch, the first and only son of Late Pa Egbedubi, Dr. Monday Ubani expressed joy over the large turnout of people at the event. His words: “I’m amazed by the large turnout of personalities – the religious, politicians, lawyers etc.” He said that his father’s act of philanthropy taught him that one does not need to be a multi-millionaire before he or she can help those in need. He said: “Even in my father’s low state, he was able to help those in need. The culture of philanthropy, culture of kindness, culture of good heart were part of what my father represented…”

Dr. Ubani thanked everyone who contributed in one way or the order to the success of the burial of his late father.

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LAWYER ASKS OONI TO REFUND CLIENTS’ N12M OVER FAILED PROPERTY DEAL

A human rights activist and the Lead Partner at Newworth LLP, Mr. Ayo Ademiluyi has urged the Ooni of Ife, His Royal Majesty, Ooni Enitan Ogunwusi to “direct the refund of the amount owed our clients with interest which has accumulated over the years as our clients are going through hardships.”

In a press statement made available to CITY LAWYER, Ademiluyi whose law firm are solicitors to the alleged victims of the failed property deal, said that Noel Unekwu Abdullahi and Onyeji Johnbosco were approached by a limited liability company, Gran Imperio, a real estate company sometime in 2015 to buy 3 bedroom apartment at Golden Park Estate, Lekki for N20 million respectively.

According to the statement, “NOEL paid the 6.139,800 million naira while JOHNBOSCO paid 6million naira. After several months of waiting, nothing was built. The duo wrote to the Company to refund their money but to no avail.”

Below is the full text of the statement.

HIS ROYAL MAJESTY, OONI ENITAN OGUNWUSI, OONI OF IFE SHOULD REFUND FUNDS OF DUO OF NOEL UNEKWU ABDULLAHI AND ONYEJI JOHNBOSCO

BEING TEXT OF A PRESS CONFERENCE HELD AT NEWWORTH LLP, 17, AJASA STREET, LAGOS ISLAND, LAGOS STATE ON THURSDAY, 21ST APRIL, 2022

We are Solicitors to the duo of NOEL UNEKWU ABDULLAHI and ONYEJI JOHNBOSCO (“our clients”) .

The instructions of our clients are that a limited liability company, Gran Imperio, a real estate company approached NOEL and JOHNBOSCO, sometime in 2015 to buy 3 bedroom apartment at Golden Park Estate, Lekki for 20 million naira, respectively.

The Company agreed that they pay in tranches starting with 6million each, as first deposit while they construct the apartment in phases as well and within a given time frame.

NOEL paid the 6.139,800 million naira while JOHNBOSCO paid 6million naira. After several months of waiting, nothing was built. The duo wrote to the Company to refund their money but to no avail.

We conducted a search of Gran Imperio Limited and Metropole Interprojects Limited, we found out that the person of OONIRISA ADEYEYE ENITAN OGUNWUSI is a Director in both companies .

The previous Counsel to our clients contacted the lawyer to the Gran Imperio Group of Companies named Lanre Jolaoso Esq., who afforded the previous Counsel the new Manager’s number, Mr Akin.

Yet, despite correspondences and calls by the previous Counsel with Manager, it has not yielded any fruit since 2020.

The previous counsel sent correspondences to the Palace through UPS courier and through a friend who traveled all the way from Lagos and to the Palace to serve demand notice to his majesty along with an application letter see his majesty.

Equally, calls made by the previous Counsel to the Palace Secretary on same, yielded no fruit whatsoever and howsoever.

We are constrained to make a dispassionate appeal to the esteemed Ooni of Ife, OONIRISA ADEYEYE ENITAN OGUNWUSI as a Director in these companies to direct the refund of the amount owed our clients with interest which has accumulated over the years as our clients are going through hardships.

AYO ADEMILUYI ESQ.
Lead Partner,
Newworth LLP

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MBAMALA LAUDS CATHOLIC MOTHERS, MOURNS PA UBANI

Former Nigerian Bar Assocaition (NBA) Assistant Publicity Secretary, Mr. Chukwuemeka Mbamala has hailed Catholic mothers on the occasion of their Mothering Sunday.

Describing mothers as “golden,” Mbamala, who is believed to be eyeing the post of Welfare Secretary in the forthcoming NBA Elections scheduled for July 16, 2022 also extended his felicitations to “all mothers in our beloved Legal profession, FIDA, AWLA, NBA Women group,” adding that “you are specially loved and cherished, you are unique and you are priceless.”

He also gave his condolence message to the Chairman of NBA Section on Public Interest and Development Law (NBA- SPIDEL), Dr. Monday Ubani on the death of his father, Pa Ubani Egbedubi Nwokocha.

Below are the statements made available to CITY LAWYER.

MBAMALA FELICITATES WITH CATHOLIC MOTHERS AND MOTHERS ON THE SPECIAL OCASSION OF MOTHERING SUNDAY:
Being a mother is one of the most important roles a woman can ever play. Mothers play a huge role in their children’s lives, caring for them, loving them, teaching them, and so much more. The way a child develops can be largely attributed to the role that their parents and caregivers play in their lives.

Children thrive when they have a secure and positive relationship with people, especially their parents. Mothers are the child’s window of learning which will impact their growing years. Mother’s relationship with her child is crucial. A mother plays multiple roles in a child’s development, as she is a teacher in every aspect of a child’s developmental growth – social emotional, physical, cognitive and independence. As a man I still see myself as a husband and a Child to my mother.

Mothers are precious, mothers are golden.
To all the mothers out there I extend my love to you today and say we all cherish you.

To all mothers in our beloved Legal profession, FIDA AWLA NBA Women group you are specially loved and cherished, you are unique and you are priceless.

May you live long to enjoy the labours of love and the reward sacrifices that you make as mothers.

Happy Mothers day!!!

Chukwuemeka Mbamala, Esq

CHUKWUEMEKA MBAMALA, NBA PAST ASSISTANT PUBLICITY SEC. COMMISERATE WITH MOU AND THE UBANI FAMILY ON THE LOSS OF THEIR FATHER PA NWOKEOCHA:

I wish to commiserate with Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA- SPIDEL), Dr Monday Ubani and the entire Nwokocha family for the loss of their father, Pa. Ubani Egbedubi Nwokocha.

It is not in doubt that the death of a loved one creates a void and vacuum which only God, the eternal creator can fill. It is my prayer that God Almighty will continue to uphold our dear Dr. Monday Ubani and the entire family in this moment of grief.

I also wish to pray that God will grant journey mercies to all friends and associates of Dr. Ubani who will be travelling to Abia State for the burial ceremony. Particularly, I wish the leadership of the NBA, elders of the Bar and my dear colleagues from across the country safe trip to and from Abia State.

May the soul of Pa. Ubani Egbedubi Nwokocha find eternal rest in the bosom of our Lord Almighty. Amen.

Chukwuemeka Mbamala, Esq.

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GADZAMA VISITS ABA BRANCH, CHALLENGES ASPIRANTS ON BAR ACTIVISM RECORD

A leading aspirant in the race for the presidency of the Nigerian Bar Association (NBA), Chief Joe-Kyari Gadzama SAN has urged lawyers to enquire into the Bar activism records of aspirants seeking offices in the forthcoming NBA Elections.

Speaking to NBA Aba Branch members at the weekend, Gadzama said: “When people tell you they want to be stakeholders in the NBA or hold leadership positions, ask them one question – ‘What have you been doing in the last ten to twenty years for young lawyers?’ “

Hinting that promises are good but past records of activism are better, the NBA Security Agencies Relations Committee (NBA-SARC) Chairman who holds the chieftaincy title of “Okwuluora of Ukpo” in Anambra State reiterated the competency of his candidature.

Speaking earlier, the Chairman of the Occasion, Mr. Ukpai Ukairo said that Gadzama “had been and still is a functional part of the Aba Branch of the NBA.” He urged all members of the branch to support the mandate of the NBA as engineered by the leading litigator “who has been the foremost Bar Leader to institute and maintain a formidable structure for building and mentoring young lawyers.”

Ukairo stated that Gadzama, a chartered arbitrator, spearheaded the process of changing the nomenclature of new wigs from “Junior Lawyers” to “Young Lawyers” on the basis that the term “Junior” was demeaning and less dignifying for persons who had met the requirements and attained the enviable and revered status of solicitors and advocates of the Supreme Court of Nigeria.

Ukairo added that Gadzama had always worked and identified with lawyers from the Eastern Bar, saying that “Over fifty percent of the workforce in his office have been from the Eastern Bar. He is our brother, friend and colleague. Let us support him wholeheartedly and ensure that he achieves his mandate of leading the NBA to higher heights.”

The event which held at the NBA Aba Bar Centre, High Court Complex, Aba saw Gadzama being received by the Elders, Executives and Members of the branch “who referred to him as their very own son, friend and kinsman by association.”

While the event started with prayers and reading of Gadzama’s abridged profile by Mr. C. K. Anyanwu, it ended with a question and answer session and a buffet.

Among members of the branch who were on hand to receive the Bar Leader were the Branch Chairman, Mr. Betram Faotu; Mr. Chinedu Nwaozuzu (Branch Secretary); Ukairo; Mr. C. C. Elele (former NBA Aba Branch Chairman and Gadzama’s classmate in Nigerian Law School Class of 1986), and Mr. Uche Awa, SAN (Chairman, Old Bende Association).

On his part, Gadzama was accompanied on the visit by Mr. Chukwuma Ezeala (President, National Association of Catholic Lawyers, NACL), Sir Victor Nwaugo and Mrs. Chioma Ferguson.

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UNVEILING OSAYAMON, AKPATA’S HARVARD-TRAINED BRIDE

That the legal profession is set to witness an epic wedding is no longer in doubt. This came on the heels of the announcement that the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata will next month put an official imprimatur to the relationship with his longstanding partner, Miss Osayamon Ogbebor.

In light of the keen interest on the love-birds especially among lawyers since news of the impending nuptials broke, CITY LAWYER launched an investigation into the personality of the lady that has held the NBA President’s attention for what close aides say has been ‘a very long time.’

Born Osayamon Michelle May Ogbebor into the influential Ogbebor Family of Bini Kingdom, the beautiful bride is a top executive and the Financial Markets Legal Adviser at the Central Securities Clearing System (CSCS) Plc. The CSCS is Nigeria’s central securities directory licensed to carry on depository, clearing and settlement of all transactions in the Nigerian Capital Market. The legal expert has served in the Legal, Company Secretariat and Compliance Services Directorate for almost three years.

Osayamon received a Bachelor of Laws degree from the University of Essex. She then proceeded to the prestigious Queen Mary University of London from where she earned a Master of Laws (LLM) degree in December 2017. More recently in March 2022, Osayamon successfully completed a virtual course on “Sustainable Business Strategy” at the Harvard Business School. Unsurprisingly, she is a member of the Harvard Business School Online: Sustainable Business Strategy, February 2022 Group among others.

It is recalled that Akpata had in a trending SAVE THE DATE flier stated that he popped the question “after a bit of dithering” and his partner said “Yes!”

While the traditional marriage is scheduled to hold according to Bini native custom in the spouse’s compound at Ekenwan Road, Benin, Edo State on May 14, 2022 the reception holds at Air Force Military Base, Airport Road, Benin, Edo State.

Meanwhile, the couple will be joined in holy matrimony on October 2, 2022 in far-away Mauritius. CITY LAWYER gathered that this may be a strategy to manage the huge number of guests that would otherwise have attended the wedding if held in Nigeria.

Said Akpata: “Our Families, having now been formally introduced and the necessary consultations having taken place, we are pleased to announce the details of our Wedding nuptials ….” He urged friends and well-wishers to “Please keep Osayamon and me in your prayers even as you make your plans to share in these special moments with us.”

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PETITION: ‘ECNBA WILL CLEAR ME OF ALL CHARGES,’ SAYS OGBAH

Former Chairman of Nigerian Bar Association (NBA) Ota Branch, Mr. Isaac Omuta Ogbah has expressed confidence that the Electoral Committee of the NBA (ECNBA) will dismiss the petition written against him by an Abuja based senior lawyer.

Mr. Uche Amulu had in a petition to ECNBA urged the electoral committee to bar Ogbah from participating in the forthcoming NBA Elections. Ogbah is gunning for the post of NBA Third Vice President.

Amulu alleged that Ogbah engaged in “anti-Bar, in fact anti-lawyerly (sic), activities as he is not fit to be part of us, let alone leading the Bar,” adding that “Isaac Ogbah notoriously abuses the judicial process by a wanton mix of police oppression and running for cover using police prosecutorial powers as provided by law. He cannot be allowed to lead the Bar, as the damages he will cause with any little position are better imagined than felt.”

But in a rejoinder to the CITY LAWYER report, Ogbah urged the “general public, my friends and well wishers to disregard this libelous petition now written by the same Uche Amulu of counsel.”

Placing his confidence in the electoral committee, the Bar Leader said in the rejoinder made available to CITY LAWYER: “I have no doubt that members of the ECNBA, who are men and women of impeccable integrity and character, upon reviewing the whole facts of the case will find nothing against me and would certainly clear and certify me as fit and proper to contest as one of the candidates for the post of 3rd Vice President of the NBA.”

Noting that he “was never copied nor have I been served a copy of the said Petition either by the Petitioner or by ECNBA,” the aspirant assured that he would “take appropriate steps to respond to same officially and make copies of my response to ECNBA formally in the coming days.”

The former branch chairman stated that contrary to Amulu’s allegations, there was “a formal Police Report issued in our favor clearly exonerating us of ever committing any offence known to law,” adding that “upon the conclusion of the investigative activities by the DIG’s office whether or not there was in fact any alleged offences of armed robbery, kidnapping, stealing and armed robbery as alleged by the same Uche Amulu of counsel, the Legal Advise was to the effect that Uche Amulu, Celestine Eze and His company be prosecuted for deliberately writing a false petition alleging the above named offences, when they knew was never committed.”

He said the suspects “including the aforesaid Uche Amulu of Counsel are now standing trail (sic) before the FCT Magistrate court and for which I have given my evidence in chief and with the same Uche Amulu himself having personally commenced his Cross-Examination personally and the matter adjourned to 11th May, 2022 for continuation of hearing.”

Saying that he has briefed his solicitors “to take appropriate legal steps to address the Petition in issue and make necessary demands from the law firm cum author of the petition,” Ogbah noted that there is also a civil libel suit pending against Amulu and 2 others which comes up for trial on April 26, 2022 “regarding his libelous publications he had previously made against my person and that of my clients. Hence everyone can, in their own wisdom, judge and or make their own personal opinion as to why this petition has been written and the intent it is meant to serve.”

Below is the full text of Ogbah’s rejoinder.

Today, Saturday the 23rd day of April, 2022, my attention was drawn to a Petition written by the Law Firm of Greys & Acquisition Legal Practitioners and authored by one Mr. Uche Amulu, a legal practitioner wherein he alleged several defamatory things against my person and requested that I be disqualified by the ECNBA from contesting the position of the 3rd Vice President of the NBA.

Unfortunately I was never copied nor have I been served a copy of the said Petition either by the Petitioner or by ECNBA.

While I will take appropriate steps to respond to same officially and make copies of my response to ECNBA formally in the coming days, since the said libelous petition is now being circulated by the authors of the Petition and several Press Media outlets are reaching across to me so as to get my response, I am now constrained to respond as below so as to set the records straight

1. Sequel to the unlawful infringement of our Client’s registered Trademarks by some persons we were instructed to write a Formal Petition to the Police Authorities and who in their wisdom and acting under relevant powers conferred on them by law thought it fit to investigate same.

In the course of their investigative activities 2 suspects were arrested and incriminating products evidencing their criminal activities of infringing our clients’ registered trademark taken into custody by the investigation Police officers after the suspects had been granted bail.

2. Whereas the arrested suspects secured the services of reputable lawyers based in Lagos and Abuja to represent them, with one of such lawyers being a well known and renowned Senior Advocate of Nigeria 🇳🇬, attempts made by the suspects as well as their legal representatives to have the matter resolved out of court not yielding the desired results one Uche Amulu, also a lawyer, and who being very much seised of the facts of the case but who with intent to achieve whatever sinister motives of his, resorted to intentionally twist the facts of the case by writing a Petition to the Inspector General of Police (IGP) wherein he intentionally and falsely alleged that his clients, while traveling from Port Harcourt to Onitsha, were attacked by a group of about 7 armed robbers, who attacked and robbed them of their goods and personal effects as well stabbed and shot them with guns and also in the process kidnapped them until they were later released

3. They also alleged in their Petition that one of the phones alleged to have been stolen were tracked and found to be in our custody and as a result of the above said Petition the Inspector General of Police (IGP) directed that the IRT unit of the Police should carry out a discrete investigation of the said Petition, leading to my being arrested alongside one of my revered Client.

4. Upon the eventual investigative activities carried out by the various Police authorities that were involved in the whole process, below were the outcome of same, to wit:*

A. The IRT office concluded their investigation with the conclusion that none of the alleged offenses was ever committed by myself nor my clients as alleged by the Petitioners.

B. Consequently a formal Police Report issued in our favor clearly exonerating us of ever committing any offence known to law.

C. The office of the AIG Maritime also concluded their investigative activities and a formal legal advise issued to the effect that the suspects engaged in the unlawful infringement of my Client’s registered trademarks be prosecuted. They are presently standing trial before Court 6 of the Federal High Court sitting one Port Harcourt.

D. Also upon the conclusion of the investigative activities by the DIG’s office whether or not there was in fact any alleged offences of armed robbery, kidnapping, stealing and armed robbery as alleged by the same Uche Amulu of counsel, the Legal Advise was to the effect that Uche Amulu, Celestine Eze and His company be prosecuted for deliberately writing a false petition alleging the above named offences, when they knew was never committed.

All the suspects involved, including the aforesaid Uche Amulu of Counsel are now standing trail before the FCT Magistrate court and for which I have given my evidence in chief and with the same Uche Amulu himself having personally commenced his Cross-Examination personally and the matter adjourned to 11th May, 2022 for continuation of hearing.

It is also worthy of note that there is presently a civil suit of libel pending against Uche Amulu and 2 others and which comes up for trail on Tuesday, 26th April, 2022 regarding his libelous publications he had previously made against my person and that of my clients. Hence everyone can, in their own wisdom, judge and or make their own personal opinion as to why this petition has been written and the intent it is meant to serve.

I therefore sincerely urge the general public, my friends and well wishers to disregard this libelous petition now written by the same Uche Amulu of counsel. I have no doubt that members of the ECNBA, who are men and women of impeccable integrity and character, upon reviewing the whole facts of the case will find nothing against me and would certainly clear and certify me as fit and proper to contest as one of the candidates for the post of 3rd Vice President of the NBA.

Meanwhile I have briefed my solicitors to take appropriate legal steps to address the Petition in issue and make necessary demands from the law firm cum author of the petition and in the event of their unwillingness to retract and withdraw the libelous contents of the Petition now being published and circulating globally we will definitely seek legal redress from the law courts.

Once again, I remain yours and yours always.

Isaac Omuta Ogbah, FICMC

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LAWYER PETITIONS ECNBA, WANTS 3RD VP ASPIRANT ‘DISQUALIFIED IMMEDIATELY’

• OGBAH VISITING AFAM OSIGWE GROUSE ON ME – PETITIONER
• ECNBA HAS NOT SERVED ME WITH PETITION – OGBAH

• ‘BE PATIENT,’ SAYS ECNBA

An Abuja-based lawyer, Mr. Uche Amulu has petitioned the Electoral Committee of the Nigerian Bar Association (ECNBA) urging it to “immediately disqualify” former NBA Ota Branch Chairman, Mr. Isaac Ogbah from participating in the forthcoming NBA Elections. Ogbah is vying for the post of Third Vice President.

In the petition obtained by CITY LAWYER, the senior lawyer pleaded with the electoral committee as follows: “I humbly urge the Electoral Committee of the Nigerian Bar Association to IMMEDIATELY DISQUALIFY Mr. Isaac Omuta Ogbah from participating in the forthcoming elections for anti-Bar, in fact anti-lawyerly (sic), activities as he is not fit to be part of us, let alone leading the Bar.”

When CITY LAWYER contacted Ogbah on the petition, he expressed surprise, saying: “Wow!!! This lawyer is at it again. Unfortunately, I was never served nor copied. Thanks for availing me this copy. (I) Will study same and revert as soon as possible.”

Also, when CITY LAWYER asked whether the ECNBA has arrived at a decision on the petition, its Chairman, Mr. Ayodele Akintunde SAN urged “patience.”

Continuing, the apparently aggrieved petitioner said: “Our Bar needs to be weaned of charlatans and there is no better time than now, if we intend to keep working with and maintaining the mantra of promoting the rule of law.”

Dated April 16, 2022 and titled “Petition against the qualification of Mr. Isaac Omuta Ogbah to run for the office of the Third Vice President of the Nigerian Bar Association: Lawyers Beware!!!” the petition was received by the electoral committee on 22nd April, 2022.

Dwelling on the kernel of his petition, Amulu said that he “partnered with the law firm of Greys & Acquisitions, a law firm based in the Federal Capital Territory, Abuja at some point between 2019 and 2020. While in the partnership, a client was referred to the law firm from Anambra State who informed us of how his 40 ft container containing super glues he imported from China was hijacked and confiscated in most inglorious and Gestapo act of brigandage by unidentified persons, suspecting kidnapping and armed robbery, and briefed us to write the Inspector-General of Police for a discreet investigation of the case. That I did and without more.”

In a damning allegation, Amulu stated that “Upon police investigation, it was gathered that the acts complained of were carried out by Mr. Isaac Ogbah in collusion with police officers attached to the AIG Maritime Division, Lagos. It was further gathered that the goods of our client, Celez Global Resources Limited, were unlawfully hijacked and seized by the police officers in most inglorious means at the instance of Mr. Isaac Ogbah who was being overzealous in the representation of clients who was (sic) not even aware of the heinous steps he was taking on their behalf.”

Turning to perhaps his main grouse against the aspirant, the senior lawyer alleged that “In an apparent bid to cover up his heinous extra-legal cahoots with the police, Isaac Ogbah turns around to claim that I gave false information to the police and defamed his personality and instituted a civil matter against me in Suit No: Cv/3120/2022 before the High Court of the Federal Capital Territory, sitting in Gudu, Abuja.”

Continuing, he said that the Bar Leader wrote two more petitions against him to the police “over the same set of facts,” adding that he “was detained three times like a common criminal despite an order of court mandating the self-same Isaac Ogbah and police to desist from taking actions sub-judicial (sic) of the proceedings on-going in court. They defied all court orders. Alas! the court would not agree to join the police to the suit even as they and Isaac Ogbah stressed that they would not be bound by an order of court in which they were not parties to the proceedings.”

Amulu also alleged that Ogbah procured two junior officers in the Legal Unit of the IGP’s Office “to prefer a baseless charge in Charge No. CR/wz2/09/2022 IGP v Uchenna Amul & Ors against me,” adding that “In court, he testified of his grouse with Mazi Afam Osigwe, SAN, which he is now vindictively visiting on me, falsely alleging that I work with the learned silk, whereas it is not so.”

Passing judgement on the aspirant, Amulu said: “Isaac Ogbah notoriously abuses the judicial process by a wanton mix of police oppression and running for cover using police prosecutorial powers as provided by law. He cannot be allowed to lead the Bar, as the damages he will cause with any little position are better imagined than felt.”

When contacted, Amulu told CITY LAWYER that he does not “know” members of the electoral committee, “So I cannot say whether I trust or don’t trust anyone. But I have confidence in Akpata Administration; he has tried to promote the rule of law, he has tried to challenge the abuse of our rights and laws, even by the Attorney General. So I should also trust his judgement on those he appoints in the capacity of members of the ECNBA. So I expect them to do the right thing. Their judgement may not favour me; it may favour me. But my own is that I am happy now that I have spoken out. They cannot pretend not to know about this petition and about this issue hanging on the neck of this person (Ogbah). So even if Isaac scales the ECNBA (screening), let the voting community of lawyers know the person who Isaac is. If we vote him in despite all these weighty allegations against him, if he turns out to be a tiger or a dog who eats the bone hung around his neck, let us not blame ourselves like we brought in (President Muhammadu) Buhari. That is the aim. If ECNBA disqualifies him, they have made my day! But I am not the one to take that decision for them. So I will keep quiet and hope that they do the right thing. If they compromise it, no worries. The lawyers would have seen that I wrote this petition; so we will use our voting rights to vote him out!”

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NBA PRESIDENT, AKPATA SET TO WED LONG-TIME SWEETHEART

Nigerian Bar Association (NBA) President, Mr. Olumide Akpata is set to wed his long-time heartthrob, Miss Osayamon Michelle Ogbebor.

In a SAVE THE DATE flier sighted by CITY LAWYER, Akpata stated that he popped the question “after a bit of dithering” and his partner said “Yes!” CITY LAWYER gathered from a source close to the NBA President that the bride is a senior executive and Financial Markets Legal Adviser at Central Securities Clearing System (CSCS) Plc.

While the traditional marriage is scheduled to hold in the spouse’s compound at Ekenwan Road, Benin, Edo State on May 14, 2022 the reception holds at Air Force Military Base, Airport Road, Benin, Edo State.

Meanwhile, the couple will be joined in holy matrimony on October 2, 2022 in far-away Mauritius. CITY LAWYER gathered that this may be a strategy to manage the huge number of guests that would otherwise have attended the wedding if held in Nigeria. 

Said Akpata: “After a bit of dithering on my part, I finally asked my darling Osayamon to marry me and … she said yes!!!

“Our Families, having now been formally introduced and the necessary consultations having taken place, we are pleased to announce the details of our Wedding nuptials as follows: ….”

The NBA President has urged friends and well wishers to “Please keep Osayamon and me in your prayers even as you make your plans to share in these special moments with us.”

When CITY LAWYER contacted Akpata on the news, he was yet to respond at press time.

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MORE ASPIRANTS JOIN NBA ELECTION RACE, SUBMIT NOMINATION FORMS

More aspirants have confirmed that they submitted Nomination Forms for the forthcoming Nigerian Bar Association (NBA) elections into the General Council of the Bar and the National Executive Council.

Virtually all the aspirants who CITY LAWYER predicted in its earlier report would join the race confirmed that they had submitted their nomination forms. Aside from Linda Rose Bala and Ede Asenoguan whose close aides confirmed their submission, the other aspirants confirmed the submission of their nomination forms to CITY LAWYER.

There are strong indications that many aspirants submitted their nomination forms yesterday, even as there may be a few new entrants during the elections. Former NBA Welfare Secretary, Mr. Joshua Enemali and longstanding NBA rapporteur Anne Agi told CITY LAWYER that they have submitted nomination forms to vie for a position in the Bar Council, even as Mr. Churchill Aniekwena of NBA Barnawa Branch said he has joined the race for Welfare Secretary. Another new entrant to the race is global President of African Women Lawyers Association (AWLA), Mandy Asagba who is gunning for the post of 3rd Vice President while impeccable sources told CITY LAWYER that Mr. Maximus Ugwuoke of NBA Enugu Branch is also vying for the post of Welfare Secretary.

Below are some of the aspirants who CITY LAWYER had confirmed submission of their nomination forms.

PRESIDENT
The battle for the NBA Presidency remains a three-legged tussle between Chief Joe-Kyari Gadzama SAN, Mr. Yakubu Chonoko Maikyau SAN and Mr. Jonathan Taidi. While Gadzama is the Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Maikyau is the Chairman of the NBA Welfare Committee. On his part, Taidi is the immediate past NBA General Secretary.

GENERAL SECRETARY
Aside from the presidential race, the election for the post of General Secretary is poised to be between five gladiators. While Messrs Adesina Adegbite, Desmond Yamah, Ewenode William and Collins Ogiegbaen confirmed submission of nomination forms to CITY LAWYER, Ede Asenoguan’s confidante told CITY LAWYER that he submitted his nomination form yesterday.

FIRST VICE PRESIDENT
Zoned to the “Northern Zone,” Idris Doko Muhammad of NBA Lagos Branch confirmed submission of nomination form while an unimpeachable source confirmed that Linda Rose Bala has submitted her nomination form for the race for the pivotal seat of NBA First Vice President. Calls to Messrs Yakubu Saleh Bawa and Liman Salihu received no response. Bala is former NBA Legal Adviser while Bawa is current Chairman of NBA Jos Branch. On his part, Salihu is former Chairman of NBA Lokoja Branch

SECOND VICE PRESIDENT
The post of Second Vice President has been ‘micro-zoned’ to the Core East by the influential Eastern Bar Forum (EBF). Among those who confirmed submission of nomination forms to CITY LAWYER are the immediate past NBA Bwari Branch Chairman, Mr. Clement Chukwuemeka (aka “Democrats”); his NBA Owerri Branch counterpart, Mr. Damian Nosike, and Dr. Gerald Abonyi, pioneer NBA Obollo-Afor Branch Chairman. Mr. Anthony Chukwurah of NBA Gwagwalada Branch and Mr. Finian Eze  Ndukwu of NBA Mbaise Branch also told CITY LAWYER that they have joined the race for Second Vice President.

THIRD VICE PRESIDENT
Zoned to the “Western Zone” comprising Egbe Amofin O’odua and Midwest Bar blocs, CITY LAWYER can confirm that at least three aspirants are now in the race. While former NBA Ota Branch Chairman, Mr. Isaac Omuta Ogbah and Mr. Promise Ademi-Akpeto confirmed submission of their nomination forms to CITY LAWYER, unimpeachable sources told CITY LAWYER that AWLA global President, Mandy Asagba has also joined the race.

TREASURER
Among the aspirants who have confirmed submission of nomination forms to CITY LAWYER are former NBA Assistant Publicity Secretary, Mr. Chuks Mbamala of NBA Enugu Branch; current NBA Epe Branch Vice Chairman and NBA-SPIDEL Committee Treasurer, Funmi Adeogun; former Vice Chairman of NBA Lafia Branch and current Treasurer, NBA Women Forum (NBAWF), Safiya Balarabe as well as Caroline Ladidi Anze-Bishop, former Vice Chairman and former NEC Representative, NBA Bukuru Branch.

WELFARE SECRETARY
Immediate past NBA Assistant Secretary, Chinyere Obasi and former NBA Barnawa Branch Welfare Secretary, Mr. Churchill Aniekwena have confirmed submission of nomination forms for the post of Welfare Secretary. Meanwhile, impeccable sources told CITY LAWYER that Mr. Maximus Ugwuoke of Enugu Branch has now joined the race. CITY LAWYER also reliably gathered that NBA Welfare Committee member and co-opted NEC member, Mr. Auta Nyada has submitted his nomination form. 

PUBLICITY SECRETARY
This is a tripodal race between the immediate past Assistant Publicity Secretary, Mr. Habeeb Akorede Lawal; current NBA Welfare Committee Secretary, Ogaga Emoghanre, and the latest entrant, Mr. Felix Chukwuma Ashimole (aka Che Oyinatumba), a former NBA Bwari Branch Secretary and former Member of NBA Anti-Corruption Committee. All three aspirants have confirmed submission of nomination forms to CITY LAWYER.

ASSISTANT GENERAL SECRETARY
This race may present a crowded field of aspirants. The aspirants who have confirmed to CITY LAWYER that they submitted nomination forms are the current NBA Ikorodu Branch Secretary, Mr. Oluwaseun Aka; incumbent NBA Ilorin Branch Vice Chairman, Mr. Dhikrullah Adewale Balogun; Mr. Daniel Kip of Calabar, and Mr. Oseme Peremene Anthony, former NBA Idemili Branch Chairman.

ASSISTANT PUBLICITY SECRETARY
This may be a straight fight between Mr. Charles Ajiboye who also contested for the position during the last election and Mr. Akachukwu Nwoye, current NBA Gwagwalada Branch Secretary. Both aspirants told CITY LAWYER that they have submitted their nomination forms for the election. 

GENERAL COUNCIL OF THE BAR
Among those itching to represent the Bar at the Bar Council are former NBA Welfare Secretary, Mr. Joshua Enemali and Ms. Anne Agi; current NBA Aba Branch Vice Chairman, Mr. Victor Onweremadu who may have jettisoned his initial quest for the position of Welfare Secretary, and Mr. Femi Onakoya of NBA Lagos Branch.

CITY LAWYER also gathered that many aspirants including some senior advocates have shown serious interest in slugging it out for a place in the General Council of the Bar.

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NBA, ASF FRANCE OFFER FREE LEGAL SERVICES TO 120 VICTIMS

Avocats Sans Frontières France (ASF France) and the Nigerian Bar Association have provided free legal services to 120 victims of human rights violations relating to torture, arbitrary detention and extra-judicial killings.

This was disclosed during a meeting organized by ASF FRANCE under the European Union and the Agence Française de Développement (AFD) funded, “Strengthening the National Actors Capacities and Advocation for Ending Severe Human Rights Violations in Nigeria project” (SAFE) project. The project is targeted at addressing human rights violations in relation to torture, extra-judicial killings and arbitrary detention.

The one-day legal aid coordination meeting is the third Legal Aid Coordination Meeting organized in collaboration with NBA to foster ASF France mandate of promoting the enjoyment of human rights in Nigeria. It provided an opportunity for the project support lawyers to provide updates on the status of legal aid delivery in their respective states as regards the third year of the project. It also provided the opportunity for them to share experiences and exchange learning based on the cases being handled. The cases bother on provision of free legal assistance on the SAFE project to victims of torture and family members of victims of extra-judicial killings and arbitrary detentions.

The Country Director of ASF France, Angela Uwandu Uzoma-Iwuchukwu highlighted the importance of the engagement, saying “the legal aid coordination meeting is a very important avenue for us to re-evaluate our pro-bono legal aid processes and learn from each other towards improving the effectiveness of the legal aid component of the SAFE project”.

According to a statement made available to CITY LAWYER, the support lawyers delivered presentations on legal aid delivery under the SAFE project while recommendations were made to tackle the challenges highlighted by the support lawyers during their presentations.

The forum rounded off with deliberations aimed at improving results of the legal aid delivery component of the project. During the deliberations, Aïssatou Kumagangue, Project Officer at the Agence Française de Développement (AFD) commended the support lawyers, saying: “I am immensely proud of the pro-bono legal aid delivery of this project. Thank you for the silent but impactful work of you lawyers; please keep it up”. Esmé Stuart, Programme Manager, Human Rights and Gender, European Union (EU) also highlighted the importance of the legal aid component of the project, saying: “The legal aid component of this project helps to consolidate the outcomes of the entire project; we have to keep up the good work to ensure that we bring justice to where it is underserved.”

The SAFE project is implemented by Avocats Sans Frontières France in partnership with the Nigerian Bar Association and the Carmelite Prisoners’ Interest Organization. ASF France aims to sustain the impact of the Situation Room by virtually convening more frequently to monitor and review the implementation of the adopted strategies.

In attendance at the meeting were the SAFE project support lawyers, nominated NBA pro-bono lawyers, the NBA SAFE project focal person, and representative of the Legal Aid Council of Nigeria.

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HOW GADZAMA STORMED ECNBA, MOURNS PROF. GADZAMA

The Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN recently submitted his nomination form and accompanying documents for the coveted position of NBA President in the forthcoming NBA National Officers Election.

The former Chairman of the NBA Section on Public Interest and Development Law (NBA-SPIDEL) arrived the Electoral Committee of the NBA (ECNBA) Secretariat at about 3:42 pm last Thursday to submit the form in compliance with the Electoral Guidelines. Many admirers of the leading litigator accompanied him to the ECNBA secretariat.

According to a statement made available to CITY LAWYER, “The Learned Silk giving his final remarks further appreciated the presence of teeming supporters and jokingly closed with a teaser, saying that, although the discussion had ended, just like the Honda Car, the discussion would continue. As usual, the jovial Bar Patriot elicited hearty laughs from all who were present amidst cheers of approval and accolades.

“Whilst exiting the premises, the Learned Silk was excused for an exclusive interview wherein he reiterated the importance of a good, all-inclusive and focused visionary leadership of the Bar.” He added that “We must live up to our roles as the watchdog of the society, the eyes of the blind, the eardrums of the deaf and the mouthpiece of the dumb. Our electoral process must set the pace and trend for the political class of our society to emulate… And this is our dream and vision, because life is not how much you acquire or own but how much impact you’re able to make on the lives of others.”

The submission process is available for download at https://drive.google.com/drive/u/6/folders/1lXqjxGWL4l6vz2ovb_PoZBJiNcQJvlMZ

Meanwhile, the Bar Leader has expressed sadness over the demise last weekend of Prof. Emeritus Njidda Mamadu Gadzama.

Reacting to the passing of the former university administrator, he said: “It is with great pain in my heart that I mourn the death of Prof. Njidda Mamadu Gadzama who doubled as a good friend of my late father and an uncle to myself. Prof. Njidda Mamadu Gadzama was a respectable and renowned academician whose dedication to the advancement of education in Nigeria earned him the right to be referred to as an academic leader.

“The late professor occupied several leadership positions having been the pioneer Pro-Chancellor of the National Open University of Nigeria, the Deputy Vice-Chancellor of my alma mater, University of Maiduguri and the Acting Vice-Chancellor of University of Port Harcourt. I am certain that the Late Professor lived a fulfilled life as his impact through these various positions in the line of academics will forever be ingrained in our hearts. It is worthy to mention that he has also left behind a great legacy which outlives his time with us.

“On behalf of myself, my family and the entire staff of J-K Gadzama LLP, I express my heartfelt condolences to the family of Prof. Njidda Mamadu Gadzama. My solace lies in the fact that ‘the Lord gave and the Lord hath taken away; blessed be the name of the Lord (Job 1:21b)’ and ‘If we live, we live for the Lord; and if we die, we die for the Lord. So whether we live or die, we belong to the Lord (Romans 14:8).’ In light of the foregoing, I implore the family to take solace in the wise words of the Holy Book.”

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NBA-SPIDEL REGISTRATION FOR SOKOTO CONFAB STARTS TUESDAY

The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) will on Tuesday commence registration for its eagerly awaited 2022 Annual Conference holding in the ancient and royal city of Sokoto.

The conference which will hold at the exquisite 1,500-capacity Sokoto Conference Centre located along Sokoto Airport Road between May 22 and 26, 2022 has as its theme “Rule of Law and Democratic Evolution in Nigeria.

According to a statement by NBA-SPIDEL Publicity Secretary, Mr. Godfrey Echeho, Early Bird registration will commence on April 19 and end on May 2, 2022 while Late Registration starts on May 3 and ends on May 17, 2022. The hybrid conference is also open to virtual participants.

While young lawyers of 1-5 years post-call experience will pay only N5,000 as Early Bird rate, this will attract N7,000 as Late Registration. 6-10 years post-call participants will pay N7,000 as Early Bird rate and N10,000 for Late Registration. N10,000 and N15,000 are the Early Bird and Late Registration rates respectively for lawyers with 11-15 years post-call experience while 16-20 years post-call participants will pay N15,000 and N20,000 respectively as Early Bird and Late Registration rates.

Lawyers with 20 years and above post-call experience will pay N20,000 and N25,000 respectively as Early Bird and Late Registration rates while Senior Advocates of Nigeria, Attorneys General and Benchers will pay N50,000 and N70,000 respectively as Early Bird and Late Registration rates.

Justices, judges, khadis and grand khadis are required to pay N30,000 and N35,000 respectively as Early Bird and Late Registration rates while non-lawyers will pay N20,000 and N25,000 respectively as Early Bird and Late Registration rates. Virtual rates are also available for prospective online participants.

To register, visit www.nbaspidel.ng. For enquiries, please call 07065399177 or 08063088182 or email info@nbaspidel.ng.

NBA-SPIDEL annual conferences are increasingly becoming a reference point for very lively and intellectually rewarding conferences.

According to NBA-SPIDEL Chairman, Dr. Monday Ubani, “This year’s conference is designed to outstrip our last conferences in Aba and Ibadan both in the repertoire of topical issues on public interest and development law, ambience, networking, sight-seeing and social activities. It is designed to be a most engaging and entertaining conference ever held by SPIDEL. The Conference Planning Committee (CPC) ably led by three-term Lagos State Commissioner, Dr. Muiz Banire SAN has been extremely impressive. I do not wish that any lawyer should miss this year’s conference for any reason.”

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ASPIRANTS BEAT DEADLINE, SUBMIT NOMINATION FORMS

Many aspirants have scaled the first hurdle in their quest to clinch positions in the forthcoming Nigerian Bar Association (NBA) elections into the General Council of the Bar and the National Executive Council.

Virtually all the aspirants who CITY LAWYER predicted in its earlier report would join the race confirmed that they had submitted their nomination forms. Aside from Linda Rose Bala and Ede Asenoguan whose close aides confirmed their submission, the other aspirants confirmed the submission of their nomination forms to CITY LAWYER.

There are strong indications that many aspirants submitted their nomination forms yesterday, even as there may be a few new entrants during the elections. Former NBA Welfare Secretary, Mr. Joshua Enemali and longstanding NBA rapporteur Anne Agi told CITY LAWYER that they have submitted nomination forms to vie for a position in the Bar Council, even as Mr. Churchill Aniekwena of NBA Barnawa Branch said he has joined the race for Welfare Secretary. Another new entrant to the race is global President of African Women Lawyers Association (AWLA), Mandy Asagba who is gunning for the post of 3rd Vice President while impeccable sources told CITY LAWYER that Mr. Maximus Ugwuoke of NBA Enugu Branch is also vying for the post of Welfare Secretary.

Below are some of the aspirants who CITY LAWYER had confirmed submission of their nomination forms.

PRESIDENT
The battle for the NBA Presidency remains a three-legged tussle between Chief Joe-Kyari Gadzama SAN, Mr. Yakubu Chonoko Maikyau SAN and Mr. Jonathan Taidi. While Gadzama is the Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Maikyau is the Chairman of the NBA Welfare Committee. On his part, Taidi is the immediate past NBA General Secretary.

GENERAL SECRETARY
Aside from the presidential race, the election for the post of General Secretary is poised to be between five gladiators. While Messrs Adesina Adegbite, Desmond Yamah, Ewenode William and Collins Ogiegbaen confirmed submission of nomination forms to CITY LAWYER, Ede Asenoguan’s confidante told CITY LAWYER that he submitted his nomination form yesterday.

FIRST VICE PRESIDENT
Zoned to the “Northern Zone,” Idris Doko Muhammad of NBA Lagos Branch confirmed submission of nomination form while an unimpeachable source confirmed that Linda Rose Bala has submitted her nomination form for the race for the pivotal seat of NBA First Vice President. Calls to Messrs Yakubu Saleh Bawa and Liman Salihu received no response. Bala is former NBA Legal Adviser while Bawa is current Chairman of NBA Jos Branch. On his part, Salihu is former Chairman of NBA Lokoja Branch

SECOND VICE PRESIDENT
The post of Second Vice President has been ‘micro-zoned’ to the Core East by the influential Eastern Bar Forum (EBF). Among those who confirmed submission of nomination forms to CITY LAWYER are the immediate past NBA Bwari Branch Chairman, Mr. Clement Chukwuemeka (aka “Democrats”); his NBA Owerri Branch counterpart, Mr. Damian Nosike, and Dr. Gerald Abonyi, pioneer NBA Obollo-Afor Branch Chairman. Mr. Anthony Chukwurah of NBA Gwagwalada Branch and Mr. Finian Eze  Ndukwu of NBA Mbaise Branch also told CITY LAWYER that they have joined the race for Second Vice President.

THIRD VICE PRESIDENT
Zoned to the “Western Zone” comprising Egbe Amofin O’odua and Midwest Bar blocs, CITY LAWYER can confirm that at least three aspirants are now in the race. While former NBA Ota Branch Chairman, Mr. Isaac Omuta Ogbah and Mr. Promise Ademi-Akpeto confirmed submission of their nomination forms to CITY LAWYER, unimpeachable sources told CITY LAWYER that AWLA global President, Mandy Asagba has also joined the race.

TREASURER
Among the aspirants who have confirmed submission of nomination forms to CITY LAWYER are former NBA Assistant Publicity Secretary, Mr. Chuks Mbamala of NBA Enugu Branch; current NBA Epe Branch Vice Chairman and NBA-SPIDEL Committee Treasurer, Funmi Adeogun; former Vice Chairman of NBA Lafia Branch and current Treasurer, NBA Women Forum (NBAWF), Safiya Balarabe as well as Caroline Ladidi Anze-Bishop, former Vice Chairman and former NEC Representative, NBA Bukuru Branch.

WELFARE SECRETARY
Immediate past NBA Assistant Secretary, Chinyere Obasi and former NBA Barnawa Branch Welfare Secretary, Mr. Churchill Aniekwena have confirmed submission of nomination forms for the post of Welfare Secretary. Meanwhile, impeccable sources told CITY LAWYER that Mr. Maximus Ugwuoke of Enugu Branch has now joined the race. CITY LAWYER also reliably gathered that NBA Welfare Committee member and co-opted NEC member, Mr. Auta Nyada has submitted his nomination form. 

PUBLICITY SECRETARY
This is a tripodal race between the immediate past Assistant Publicity Secretary, Mr. Habeeb Akorede Lawal; current NBA Welfare Committee Secretary, Ogaga Emoghanre, and the latest entrant, Mr. Felix Chukwuma Ashimole (aka Che Oyinatumba), a former NBA Bwari Branch Secretary and former Member of NBA Anti-Corruption Committee. All three aspirants have confirmed submission of nomination forms to CITY LAWYER.

ASSISTANT GENERAL SECRETARY
This race may present a crowded field of aspirants. The aspirants who have confirmed to CITY LAWYER that they submitted nomination forms are the current NBA Ikorodu Branch Secretary, Mr. Oluwaseun Aka; incumbent NBA Ilorin Branch Vice Chairman, Mr. Dhikrullah Adewale Balogun; Mr. Daniel Kip of Calabar, and Mr. Oseme Peremene Anthony, former NBA Idemili Branch Chairman.

ASSISTANT PUBLICITY SECRETARY
This may be a straight fight between Mr. Charles Ajiboye who also contested for the position during the last election and Mr. Akachukwu Nwoye, current NBA Gwagwalada Branch Secretary. Both aspirants told CITY LAWYER that they have submitted their nomination forms for the election. 

GENERAL COUNCIL OF THE BAR
Among those itching to represent the Bar at the Bar Council are former NBA Welfare Secretary, Mr. Joshua Enemali and Ms. Anne Agi; current NBA Aba Branch Vice Chairman, Mr. Victor Onweremadu who may have jettisoned his initial quest for the position of Welfare Secretary, and Mr. Femi Onakoya of NBA Lagos Branch.

CITY LAWYER also gathered that many aspirants including some senior advocates have shown serious interest in slugging it out for a place in the General Council of the Bar.

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NBA PRESIDENCY: GADZAMA SUBMITS NOMINATION FORM AMID CHEERS

The Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN has submitted his nomination form and accompanying documents for the coveted position of NBA President in the forthcoming NBA National Officers Election.

A statement made available to CITY LAWYER shows that the former Chairman of the NBA Section on Public Interest and Development Law (NBA-SPIDEL) arrived the Electoral Committee of the NBA (ECNBA) Secretariat at about 3:42 pm yesterday to submit the form in compliance with the Electoral Guidelines. The statement noted that many admirers of the leading litigator accompanied and cheered him on during the submission exercise.

According to the statement, “The Learned Silk giving his final remarks further appreciated the presence of teeming supporters and jokingly closed with a teaser, saying that, although the discussion had ended, just like the Honda Car, the discussion would continue. As usual, the jovial Bar Patriot elicited hearty laughs from all who were present amidst cheers of approval and accolades.

“Whilst exiting the premises, the Learned Silk was excused for an exclusive interview wherein he reiterated the importance of a good, all-inclusive and focused visionary leadership of the Bar.” He added that “We must live up to our roles as the watchdog of the society, the eyes of the blind, the eardrums of the deaf and the mouthpiece of the dumb. Our electoral process must set the pace and trend for the political class of our society to emulate… And this is our dream and vision, because life is not how much you acquire or own but how much impact you’re able to make on the lives of others.”

The Director-General of Vox Populi Foundation for Leadership, Chief Prince Chukwudi Oli thanked the supporters “who took out time from their busy schedules to support the vision of the Learned Silk.”

The NBA National Officers Election holds on July 16, 2022.

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‘WHY I SHUNNED KLIEGLIGHTS TO SUBMIT NBA PRESIDENCY FORM,’ BY TAIDI

An aspirant for the post of Nigerian Bar Association (NBA) Presidency and former NBA General Secretary, Mr. Jonathan Taidi has said that the submission of his nomination form and accompanying documents was shorn of any razzmatazz in deference to the “tenor of the times.”

Speaking to CITY LAWYER, Taidi also stated that “to lead the Bar at this time requires deep commitment,” adding that “conduct throughout the NBA electioneering process ought to be solemn and dignified, without razzmatazz.”

His words: “Nigeria is troubled, to put it mildly, and to lead the Bar at this time requires deep commitment – not the usual sort of grandstanding. As a result, after deep reflection, I decided to submit my nomination forms to contest for the President of the Bar. However, cognizant of the spirit of the times, I decided to submit my application solo; no photos, no videos, plain and unaccompanied. For me, conduct throughout the NBA electioneering process ought to be solemn and dignified, without razzmatazz, and I hope that considering the tenor of the times, this becomes a template for other professional bodies and the country as a whole.”

CITY LAWYER recalls that the Electoral Committee of the NBA (ECNBA) had slated 4 pm today as deadline for submission of nomination form and accompanying documents. The election to fill the positions in the NBA National Executive Council holds on July 16, 2022.

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NBA PRESIDENCY: GADZAMA, MAIKYAU, TAIDI SET FOR BATTLE, SUBMIT NOMINATION FORMS

Bar Leaders, Chief Joe-Kyari Gadzama SAN, Mr. Yakubu Chonoko Maikyau SAN and Mr. Jonathan Gunu Taidi have thrown their hats into the ring to battle for the presidency of the Nigerian Bar Association (NBA) in the forthcoming National Officers Election, CITY LAWYER can authoritatively report.

This confirms CITY LAWYER report that the three gladiators plan to vie for the position of NBA President. The election is slated for July 16, 2022.

While Gadzama and Maikyau stormed the Electoral Committee of the NBA (ECNBA) office with a retinue of supporters, Taidi told CITY LAWYER that he went “unaccompanied.” His words: “No photos, no video, unaccompanied. For me, conduct throughout the NBA electioneering process should be a template for other professional bodies and the country.”

In an interview after submitting his Nomination Form and accompanying documents, Gadzama said: “We must live up to our roles as the watchdog of the society, the eyes of the blind, the eardrums of the deaf and the mouthpiece of the dumb.”

Accompanied by about 77 supporters, Maikyau said in a video sighted by CITY LAWYER: “You know, Sani is my imam. And so we know without a doubt, because what we brought is coming from those that are blessed and is being received by one who is blessed. There is nothing short of victory to come out of it.”

The ECNBA has set 4 pm today as the deadline for submission of nomination forms.

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NBA DISOWNS ‘LAWYER’ OVER FAKE STAMP, VOWS PROSECUTION

The Nigerian Bar Association (NBA) has said that it never issued any stamp to one Aroyewun Adeleke Sulaimon.

Noting that the suspected fake stamp bearing the name of one Mr. Aroyewun Adeleke Sulaimon embossed on a title document is “in breach of the extant laws regulating the practice of law in Nigeria,” the NBA stated that “Preliminary investigations reveal that the stamp affixed to the title document was not issued by the Nigerian Bar Association (NBA), neither has the NBA issued any stamp to any Mr. Aroyewun Adeleke Sulaimon.”

Below is the full text of the statement signed by NBA Publicity Secretary, Dr. Rapulu Nduka.

USE OF FAKE NBA STAMPS IN THE NAME OF ONE MR. AROYEWUN ADELEKE SULAIMON: A DISCLAIMER

The attention of the leadership of the Nigerian Bar Association (“NBA”) has been drawn to a suspected fake stamp bearing the name of one Mr. Aroyewun Adeleke Sulaimon embossed on a title document in breach of the extant laws regulating the practice of law in Nigeria.

Preliminary investigations reveal that the stamp affixed to the title document was not issued by the Nigerian Bar Association (NBA), neither has the NBA issued any stamp to any Mr. Aroyewun Adeleke Sulaimon.

Consequently, the NBA will make a formal report to the Nigerian Police, in order to unravel the individuals behind these offending acts and to bring them to book.

The NBA reiterates that it will continue to take every step to ensure that the Legal Profession is not brought to disrepute, and will take appropriate steps to close in on fake lawyers and those who produce and/or make use of fake NBA Stamps.

The NBA also appeals to all lawyers to kindly bring to its attention any such infraction(s) in order for the appropriate steps to be taken.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

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BUHARI, GOVERNORS, MINISTERS, OTHERS MOURN PA UBANI

President Muhammadu Buhari has condoled with Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Dr. Monday Ubani on the passing of his father, Pa Egbedubi Nwokocha. He was aged 101 years.

Pa Nwokocha died on January 3, 2022 in Lagos and will be buried at his hometown Umuosoko, Awomukwu, Ikwuano Local Government Area, Abia State on April 22, 2022.

Other notable persons who have sent condolence messages to the NBA-SPIDEL chieftain include Governor Okezie Ikpeazu of Abia State; Governor Babajide Sanwo-Olu of Lagos State; Governor Aminu Tambuwal of Sokoto State; Governor Rotimi Akeredolu of Ondo State; former Governor of Abia State and the current Chief Whip of the Senate, Senator Orji Uzor Kalu; former Akwa Ibom State Governor and Minister of Niger Delta, Senator Godswill Akpabio; Minister of State for Mines and Steel, Dr. Uche Ogah; Senator Ike Ekweremadu; Senator Enyinnaya Abaribe; Senator Nkechi Nwaogu; Hon. Sam Onuigbo, NBA President, Mr. Olumide Akpata; African Bar Association (ABA) President, Mr. Hannibal Uwaifo; Chief Judges of Abia and Lagos States, some Justices of the Supreme Court of Nigeria, former NBA Presidents and former Group Managing Director of Diamond Bank, Mr. Alex Oti among others.

In a condolence letter dated April 11, 2022 and signed by Mr. Femi Adesina, Special Adviser to the President on Media and Publicity, Buhari noted God’s gift of longevity on Pa Nwokocha.

Buhari stated that Pa Nwokocha left his footprints on the sands of time, gaining reputation as a man of peace, a philanthropist, dutiful father, public spirited individual, and a man of integrity.

Condoling Ubani who is the only son of the deceased and his family, the President urged them to keep the flag of the good works hoisted by their patriarch flying, knowing that in that wise, Pa Nwokocha would live forever in the hearts and minds of all who knew him.

Meanwhile, a group, “FRIENDS OF DR. MONDAY UBANI” has issued a statement on the forthcoming funeral rites for Pa Ubani.

Below is the full text of the statement.

IMPORTANT NOTICE!!!:

Compliments distinguished Bar leaders and Colleagues. Many thanks to us all for what we’re collectively doing for our good friend, brother and colleague, Dr. Monday Onyekachi Ubani (MOU). Blessings to us all.

Here are some important updates towards the forthcoming events of 21st and 22nd April at Ikwuano Abia State.

1. TRAVEL ADVICE/DIRECTIONS:

a. From Umuahia
Awomukwu Ikwuano is along the Umuahia – Umudike – Ikwuano – Ikot-Ekpene Road. It is the last town before another community called Ariam. Look out for Umualo junction in Awomukwu About 30/35 mins drive from Umuahia main town. Road is in good shape.

b. From Uyo: Along Ikot-Ekpene Umuahia Road, after Ariam town is Awomukwu . Locate same Umualo junction and you’re there. About 27/30 mins drive from Uyo. Good road.

c. Coming by road : Umuahia is your best for hotel reservation.

c. Flying : Uyo airport is relatively nearer to Ubani’s place than assessing via Owerri airport. So you may consider hotel reservation in Uyo.

2. HOTEL ARRANGEMENTS:
Hotels has been reserved at very discounted rates at Umuahia and Uyo cities. TONY NNAWIKE OBA OF NACO LOGISTICS IS IN CHARGE OF ALL HOTEL RESERVATIONS. See the Hotel reservations catalog as already published by NACO. You can reach him on 08069206814

3. BUS SHUTTLE:
Dr. Ubani has provided air conditioned Coaster buses to shuttle lawyers to and fro the events from their respective hotels, both at Umuahia and Uyo. For both the Lawyers’ Night of Tributes/Wake-keep on 21st and burial on 22nd . Expect more updates on bus departure points, time and route.

4. UNIFORM/DRESS CODE:
a. Night of tributes/Wake-keep – No dress code

b. BURIAL DAY (22nd)
WHITE ATTIRE FOR ALL LAWYERS is highly recommended.

5. SECURITY:
Abia State is relatively safe. However, maximum security arrangements are in place to ensure the safety of all prospective guests at Ikwuano.

Once again I thank you all for being here. Let’s endeavour to attend the scheduled events to honour our own MOU and to make the celebration of life more eventful.

May God bless us all.

Okey Ohagba
For: FRIENDS OF DR. MONDAY UBANI

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NNAMDI KANU SUES DSS, MALAMI OVER CHANGE OF CLOTHES

Embattled Leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu has dragged the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN, the State Security Service (SSS) and its Director General to the Federal High Court over alleged refusal to allow him change his clothes.

In an application filed yesterday by his lawyer, Mr. Maxwell Opara, the detained IPOB leader sought “AN ORDER directing the Respondents, jointly and severally, to immediately allow the Applicant to have a change of clothes in their detention facility or at any time he appears in public for his trial.”

In the court documents made available to CITY LAWYER, Kanu is also seeking “AN ORDER of this court directing the Respondents, jointly or severally, to allow the Applicant to start wearing any clothes of his choice, more so, to allow him to wear his traditional Igbo Attires (Isi-Agu) and/or other Igbo traditional attires of his choice.”

Kanu has also urged the court for “AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents, their authorized agents by whatever name so called, from further disturbing or interfering with the rights of the Applicant to dignity of human person and freedom from discrimination or in any way infringing on the constitutional rights of the Applicant as guaranteed by law or from making any attempt capable of violating the Applicant’s rights as guaranteed under the Constitution.”

In the application brought pursuant to Order II Rules 1, 2, 3, & 5 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, Sections 34(1)(a), 42(1) and 46(1) – (3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Articles 5 African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN 2004 and under the inherent jurisdiction of the court, the pro-Biafra activist is also seeking the following reliefs

1) A DECLARATION OF THIS HONOURABLE COURT that the Respondents, whilst carrying out their lawful duties, are bound to adhere to and/or respect the fundamental rights of all citizens of Nigeria as enshrined in Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria as amended and the Africa Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

2) A DECLARATION OF THIS HONOURABLE COURT that the Applicant, even though currently a detainee, is entitled to the enjoyment of his fundamental right to dignity of human person as guaranteed under Sections 34(1)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 5 African Charter on Human and Peoples rights (Ratification and Enforcement) Act CAP A9 Vol. 1 LFN 2004.

3) A DECLARATION OF THIS HONOURABLE COURT that the Applicant, even though currently a detainee, is entitled to the enjoyment of his fundamental right to freedom from discrimination as guaranteed under Sections 42(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)

4) A DECLARATION OF THIS HONOURABLE COURT that, notwithstanding that the Applicant is detained in the Respondents‟ detention facility, the actions of the Respondents, jointly and severally, in constantly refusing and/or preventing the Applicant from having a change of clothes or subjugating the Applicant to wearing one particular cloth against his will, both while within their detention facility or on days when he is to appear before the Federal High Court or other designated place/s for his trial, constitute a subjection of the Applicant to in human and degrading treatment, thus a gross violation of the Applicant‟s right to dignity of human person as guaranteed under Sections 34(1)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 5 African Charter on Human and Peoples rights (Ratification and Enforcement) Act CAP A9 Vol. 1 LFN 2004.

5) A DECLARATION OF THIS HONOURABLE COURT that, notwithstanding that the Applicant is detained in the Respondents‟ detention facility, the actions of the Respondents in constantly preventing and/or commanding the Applicant to desist from wearing the traditional Igbo attire(Isi-Agu) or other attires identical to the Igbo Ethnic group of Nigeria; even when no law in Nigeria forbids the Applicant from wearing same and more so when it is a notorious fact that other inmates from other ethnic groups wear their traditional clothes, constitute a subjection of the Applicant to full-fledged discrimination by reason of his ethnic group or place of origin, thus a gross violation of the Applicant’s right to freedom from discrimination as guaranteed under Section 42(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

The application is accompanied by a 10-paragraph affidavit deposed to by Opara. No date has been fixed for hearing of the lawsuit.

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NBA-ICLE 10-DAY LAW OFFICE MANAGEMENT TRAINING CONTINUES TODAY

The Nigerian Bar Association Institute of Continuing Legal Education (NBA- ICLE) will today hold another instalment of its scheduled 10-day “LAW OFFICE MANAGEMENT TRAINING FOR LAWYERS.” The time is 2 pm to 3 pm.

According to a statement made available to CITY LAWYER, the topic for today’s training is “Why a Law Firm Needs a Strategy.” The speaker is Sylvia Nzekwu, a human resource management expert and Principal Consultant of SHAN Consulting Limited while the Moderator is Mr. Tobenna Erojikwe, NBA-ICLE Chairman and Partner at The Law Crest LLP.

Nzekwu has extensive experience in Professional Services Consulting, Administration, Human Resources Management and Trade Development/Regional Integration. She specialised in working with law firms to infuse best practices into the legal services sector. A dynamic Speaker, Organisational Retreat Facilitator, Trainer and Moderator skilled in employing clarity and innovation to deliver effectively to diverse audiences at all organisational levels, Nzekwu has strong interpersonal skills capable of resolving multiple (human resources, operational, business development) issues. She is reputed as having a “high level of professionalism and integrity as well as strong Project Management and organisational skills.”

To register, click on https://us06web.zoom.us/webinar/register/WN_tkXyr35oQjKsw6M0gsR93Q. According to the organisers, “The training is free and 1 CPD Hour will be allocated to members who attend the training.”

An earlier statement by NBA Publicity Secretary, Dr. Rapulu Nduka noted as follows: “Recall that as part of its drive to promote continuing professional development, build capacity amongst its members and expand the practice areas of Nigerian lawyers, the current leadership of the NBA through the Institute of Continuing Legal Education (NBA- ICLE) has been organizing a series of free capacity-building programmes for the benefit of members of the Association.

“In line with the above, kindly be informed that from the 31st day of March 2022, the NBA-ICLE will be organizing a 10 – day Law Office Management Training for Lawyers. The training will take place on the following days: 31st of March 2022; 7th, 12th, 14th, 19th, 21st, 26th and 28th of April 2022; and the 3rd and 5th of May 2022.

“To participate in the programme, members are advised to register with this link: https://us06web.zoom.us/webinar/register/WN_tkXyr35oQjKsw6M0gsR93Q.

“An email confirming successful registration will be sent upon completion of registration.

“This training is free and all members, regardless of their branch, are encouraged to register and attend.”

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‘LUCIUS NWOSU LEFT INDELIBLE FOOTPRINTS,’ SAYS GADZAMA

The Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN has condoled the spouse of Mr. Lucius Nwosu SAN over the death of the foremost oil and gas lawyer.

In a statement made available to CITY LAWYER and titled “CONDOLENCE MESSAGE ON THE DEMISE OF YOUR BELOVED HUSBAND – LATE CHIEF LUCIUS E. NWOSU, SAN,” Gadzama said he sympathized with the spouse, Dr. Chinelo Nwosu “on the glorious home-call of your beloved husband, Chief Lucius E. Nwosu, SAN.”

Continuing, he wrote: “It was with great shock that I learnt of the sad demise of your beloved husband and patriarch of the Nwosu family, who passed on peacefully as one of the best stock of Legal Practitioners that Nigeria and the good people of Imo State has ever known.

“Chief Lucius E. Nwosu, SAN left indelible footprints in the sands of time. He left a big shoe to fill by his successor. He was a great achiever and a man who lived a purpose driven life. His strides of accomplishments in the Nigerian Courts were peculiar to him alone. He was a beacon of light amongst his peers. He will be greatly missed.

“It is my prayer that God Almighty in his infinite mercy grants you and your entire family the fortitude to bear this irreplaceable loss of the strong pillar of your family. Please accept my heartfelt condolences. May his gentle soul continue to rest in perfect peace with the Lord.

“Kindly accept the warm assurances of my esteemed regards.”

The condolence letter was copied to Mr. Prince Nyekwere, Chairman of NBA Port Harcourt Branch.

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NBA ELECTION: GADZAMA PICKS FORM AMID BAR LEADERS, YLF, FIDA OFFICERS

Chief Joe-Kyari Gadzama SAN has laid to rest any speculations on his quest for the presidency of the Nigerian Bar Association (NBA), having picked up yesterday the form to contest the forthcoming election.

Accompanied by Bar Leaders and some officers of the Young Lawyers Forum (YLF) and International Federation of Women Lawyers (FIDA), Gadzama was at the Electoral Committee of the NBA (ECNBA) secretariat at Trade & Convention Centre, Abuja to pick up the Nomination Form for the National Officers Election scheduled for July 16, 2022.

According to a statement made available to CITY LAWYER, “The support groups which accompanied the renowned Bar Patriot, J-K Gadzama, SAN had in representation several colleagues, friends, families and supporters from different NBA branches within and outside the Federal Capital Territory, International Federation of Women Lawyers (FIDA), Young Lawyers Forum as well as members of staff from the firm, J-K Gadzama LLP. The astute and active member of the Bar and his supporters received a warm welcome at the Secretariat after which the form was officially handed to him.

“Joe-Kyari Gadzama, SAN while thanking his colleagues, friends and supporters for coming out in their numbers to jointly support his efforts in advancing the Bar and Legal Profession, promised to continue in earnest service to the course of the Nigerian Bar. The Learned Silk who had ceaselessly been in the news was appointed Chairman, Nigerian Bar Association – Security Agencies Relations Committee (NBA-SARC) by the current President of the NBA, Olumide Akpata. The Committee had been credited by many members of the NBA for the achievements they recorded within a short time from inauguration and their tactfulness and quick-witted response in tackling issues of harassment of legal practitioners by security agencies.”

Some of the supporters who accompanied the leading litigator to the ECNBA office were Mela Audu Nunghe, SAN (former Chairman NBA Abuja Branch (Unity Bar); Mohammed Monguno, Esq. MCIArb. (Former Attorney-General of Borno State); Chukwudi Prince Oli, Esq (Director-General, Vox Populi Foundation for Leadership); Chukwuemeka Clement, Esq. (Immediate Past Chairman, NBA-Bwari Branch); Dr. Kayode Ajulo, Esq.; Nachamandan Shaltha, Esq. (Past Secretary, FIDA Abuja Branch and Publicity Secretary of FIDA); Moses Gana, Esq.; Darlington Onyekwere, Esq.; Madu Joe-Kyari Gadzama, Esq.; Jerry Ombugadu Musa, Esq.; Mark Chidi Agbo, Esq.; David Bege, Esq (Chairman, NBA-YLF Abuja (Unity Bar); Oluwatosin Emmanuel, Esq (Publicity Secretary, NBA-YLF Abuja branch, Unity Bar); Lamar Joe-Kyari Gadzama (Chairman, Young Lawyers’ Group of J-K Gadzama LLP); Olasunkanmi E. Oluwabiyi, Esq.; Hajara Sorondinki, Esq. (Secretary, Women’s Group of J-K Gadzama LLP); Hilary Ojeke, Esq.; Farida Ipimisho, Esq. and Cynthia Igwedibia, Esq.

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BODY OF BENCHERS APPOINTS ISHAQ BELLO AS LPDC CHAIR AMID CONCERNS

There is palpable unease within the ranks of the Body of Benchers (BoB) as former Chief Judge of the High Court of Federal Capital Territory (FCT), Justice Ishaq Bello has been appointed as the new Chairman of the Legal Practitioners Disciplinary Committee (LPDC). He replaces Mr. Emmanuel Ukala SAN who sensationally resigned from the position recently.

Members of the Body of Benchers who spoke to CITY LAWYER at the weekend on the emergence of Justice Bello argued that due process was not followed in the appointment, saying that the immediate past BoB Chairman, Justice Olabode Rhodes-Vivour merely announced the appointment of the jurist towards the end of the last meeting of the body.

They said that not only was the Bar not consulted in the process leading to the appointment but that there was no opportunity given to BoB members during plenary to ratify Bello’s nomination.

A BoB member told CITY LAWYER that the practice had been that while the headship of the LPDC rotates between the Bar and Bench, both groups must reach a consensus on the choice of the candidate to head the all-important Body of Benchers committee.

“Sadly, that did not happen this time,” said the member. “Due process was not followed; instead, a fait accompli was foisted on the body. That is not the precedent we are used to. The appointment is inchoate.

“I do hope that the new chairman of the Body of Benchers will seek the earliest opportunity to present the nomination of Justice Bello for ratification at the plenary. Otherwise, it will be a bad signal for both the committee and the Body of Benchers.”

Although CITY LAWYER contacted the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata on the controversy, he had not responded at the time of filing this report. The Body of Benchers is yet to comment on the matter.

Following his retirement as Chief Judge of the FCT High Court, Bello made an unsuccessful attempt to join the International Criminal Court (ICC) bench, having been nominated by the Federal Government.

CITY LAWYER recalls the LPDC has been in the news lately following the resignation of Ukala and two other members of the committee over alleged interference in its work by the Body of Benchers. The two members that also threw in the towel were current Chairman of the NBA Section on Legal Practice, Chief Ferdinand Orbih (SAN) and Boma Ayomide Alabi (SAN).

Ukala had in his resignation letter dated 22nd February, 2022 cited the complaint by recently deceased senior lawyer, Mr. Lucius Nwosu SAN over a prima facie finding by the committee, noting that most members who spoke on the subject “were against the intervention of this august body (benchers) in the matter for very sound and obvious reasons including the fact that the matter was subjudice and that this august body has no jurisdiction to review any matter including the issue of prima facie finding which is already before the LPDC.

“Surprisingly however, the Chairman, the Honourable Justice Bode Rhodes-Vivour, ruled against the overwhelming views of the majority in favour of the minority views of mainly three members – the retired Justice James Ogenyi Ogebe, the Honourable Justice Ejembi Eko and R. A. Lawal-Rabana SAN, thus inadvertently opening up judicial proceedings before LPDC to the administrative review of the Body of Benchers. This singular move portends grave danger to the maintenance of discipline in the Legal Profession.”

Other members of the committee are Daniel M. Tela (Secretary); Justice M. B. Dongban-Mensem; Ahmed Mustapha Goniri, Esq., Eyitayo Jegede, SAN; Ebenezer Obeya, Esq.; Justice Marshal Umokoro, Chief Judge of Delta State; Justice Hussein Mukhtar, Presiding Justice, Court of Appeal, Kaduna; Justice Rabi Umar, Chief Judge, Bauchi State; Uju Nwogu, Hon. Attorney General, Anambra State; Suleiman Usman, SAN, Hon. Attorney General, Sokoto State, and H. A. Turaki.

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GADZAMA STORMS NBA CALABAR, UYO BRANCH LAW WEEK

The Nigerian Bar Association, Calabar Branch popularly christened as the Doyen Bar of the NBA held its Annual Law Week recently with the theme, “We the People: An Agenda for National Consciousness”.

Speaking on the theme of the Law Week, the Chairman of the NBA Securities Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama (SAN), who was represented by Nella Andem Rabana (SAN), described security and education as twin factors which determine the level of development in a society. He explained that a society’s advancement is proportional to the level and kind of education and security architecture prevalent in that society.

Using Nigeria as a case study, Gadzama said that the parts of the country with the most incidences of insecurity are the Northern regions which are by far the most deprived of formal education. He outlined recommendations to better the situation of the country as it relates to both security and education.

Meanwhile, the Uyo Branch of the NBA also held its Annual Law Week from the 24th of March to the 1st of April, 2022. The Law Week which was christened “The Advent of Ibom Deep Seaport and the Prospects of Maritime Law Practice in Nigeria” heralded several insightful deliberations on the need for an all-inclusive approach in the development and sustainability of a standardized Maritime practice in the country. In the course of the Annual Law Week, several ideas were posed and resolutions made towards the fulfilment of this mandate.

According to a statement, “The Law Week also had other highlights including the Annual Dinner and Sit-out session. The event indeed all-round glamorous but even more thrilling was the crowning stroke; the farewell brunch courteously organized for the illustrious patriot of the Nigerian Bar, Chief Joe-Kyari Gadzama, SAN.

“The Executives and Members of the NBA Uyo Branch saw to it that their ‘in-law,’ in person of the Learned Silk J-K Gadzama, SAN was given a treat to several local delicacies before bidding him farewell.

“The Learned Silk whilst thanking them for the warm hospitality reiterated his unwavering support and commitment to the affairs of the Branch and prayed that such harmony, peace and innovation continued to coexist amongst the Members and Executives alike.

“It was a memorable, enjoyable and refreshing experience for all attendees.”

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‘WHY NBA ABUJA BRANCH CRISIS PERSISTS,’ BY TAIDI

Former Nigerian Bar Association (NBA) General Secretary, Mr. Jonathan Gunu Taidi has identified quest for relevance by some Senior Advocates of Nigeria as the reason for the continued crisis in NBA Abuja Branch.

Speaking on the theme, “Projecting the Future” at the NBA Makurdi Branch Young Lawyers Forum (YLF) Summit, Taidi revealed that while he had the mandate of then NBA leadership to bring peace to the troubled branch, “regrettably some of the senior members of the Inner Bar hijacked the process and thus frustrated our mandate.”

According to Taidi, who is believed to be eyeing the NBA Presidency in the forthcoming National Officers Election, “It is unhealthy to see some senior members of the Inner Bar competing for relevance with the leadership of the Bar. Those efforts are required in the areas of mentorship of our young colleagues who are now in their huge numbers. Indeed, the President of the Bar is president of all whether from the Inner or Outer Bar and there is no room for power or relevance tussle with him.”

Below is the full text of his remarks.

REMARKS AT NBA MAKURDI BRANCH YOUNG LAWYERS FORUM SUMMIT ON THE THEME: “PROJECTING THE FUTURE” HELD ON 8TH APRIL, 2022

I am grateful to the Planning Committee for inviting me to chair the session on “Widening Window on Medical Law Practice in Nigeria” and glad that we have on the panel Dr. Ushakuma Anenger who is the Chairman of Association of Resident Doctors in Benue State and our colleague Cleopatra Atsor.

Permit me to congratulate the Chairman and Members of YLF of this branch who have taken this bold initiative of exploring the means through which we can finally widen the opportunities in medical practice for legal practitioners. For me, such an initiative coming from this branch is a wake-up call to other YLF branches yet to catch up with the need to stem the tide of migratory practice that has overburdened our urban branches. I will in particular commend this kind of programme to my home branch, bearing in mind the hydro-electric industry for which Niger State is well known with a view to exploring opportunities in Energy Law practice.

One of the reasons programmes like this are springing up is because of the enabling environment provided for branches of our association by the leadership of President Olumide Akpata. I am proud that he is one of us at the Outer Bar who has performed beyond our expectations.

Under his leadership, our branches are experiencing zero crisis. Of course, the lingering situation in Dutse and Abuja branches were legacy matters that were inherited. While the situation is under control in Dutse Branch, that of Abuja persists largely due to the needless interference of some senior members of the Inner Bar who instigated the crises in the first place.

I chaired a team as General Secretary sometime in the first quarter of 2020 with the sole mandate of conducting unified election for the branch, but regrettably some of the senior members of the Inner Bar hijacked the process and thus frustrated our mandate.

It is unhealthy to see some senior members of the Inner Bar competing for relevance with the leadership of the Bar. Those efforts are required in the areas of mentorship of our young colleagues who are now in their huge numbers. Indeed, the President of the Bar is president of all whether from the Inner or Outer Bar and there is no room for power or relevance tussle with him. I again commend the doggedness of Mr. Akpata who has no rank baggage which would have impeded his ability to confront the issues that have arisen under his leadership.

I am a little ashamed that other professional associations such as the Nigerian Medical Association, Pharmaceutical Society of Nigeria and Nigerian Society of Engineers have long moved away from the teething issues that we continue to grapple with in the legal profession.

On this note, it is my honor to invite Prof. Agbo J. Madaki to speak to his 19-page presentation which has been circulated.

I wish us an engaging and informative session.

Jonathan Gunu Taidi, Esq.

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JANADA INTERNATIONAL CENTRE FOR ARBITRATION HOLDS TRAINING

The Janada International Centre for Arbitration and Mediation (JICAM) last Friday commenced the maiden edition of its 2-Day Hybrid Intensive Arbitration Training Program aimed at educating trainees on the rudiments and key elements of Arbitration as well as setting the course for a career pathway in Arbitration and Mediation.

The training program was anchored by the JICAM Governing Council/Faculty Members including Hon. Justice Ibrahim Auta (Rtd) OFR, (Chairman, Governing Council), Chief Joe-Kyari Gadzama SAN, C.Arb, Prof. Paul Idornigie SAN C.Arb, Mrs. Diane Okoko FCIArb.(UK), Prof. Ike Ehiribe FCIArb., Dr. Fidele Masengo PhD and Mr. Samuel Kayode Fagade, MCIArb. (Registrar, Governing Council). Participants included aspirants to the Nigerian Bar, young lawyers, non-lawyers and entrepreneurs who attended both virtually and in-person at the venue, J-K Gadzama Court.

JICAM, an initiative pioneered by the renowned Chief Joe-Kyari Gadzama, SAN, (Chairman, Board of Trustees), had before now been engaged in the following services exclusively: Appointing Authority, Secretarial and Administrative Services, Hearings, Video Conferencing, Transcription, Recording Service, Case Management and Fund Management.

However, with the launch of its maiden edition of the Arbitration Training Program, the institution has expanded its scope from being strictly an Arbitration Centre to a learning portal, having acquired the relevant training license and being constituted with qualified professionals in the field.

According to the centre, “This first edition has so far been an immense success seeing the participation of attendees from different jurisdictions. It is a laudable initiative which offers a golden opportunity to persons desirous of having knowledge in the field of Arbitration.”

In an exclusive interview with the General Manager, Mr. Samuel Fagade, he explained the need for knowledge of Arbitration as the times are changing and disputants seeking more proactive means of resolving disputes. According to him, “the training will offer participants in-depth insight of the concept and general workings of Arbitration while setting them on the right course for future growth if they wish to further their careers along that line.” He also disclosed that the trainees would be issued recognized certificates upon completion of the program.

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ZONING: ECNBA OKAYS MAIKYAU, TAIDI FOR NBA PRESIDENCY

The Electoral Committee of the Nigerian Bar Association (ECNBA) has finally laid to rest the controversy on the zoning of offices for the July 16, 2022 NBA National Elections.

In a document obtained by CITY LAWYER and signed by Mr. Ayodele Akintunde SAN and Ms. Mabel Ekeke, ECNBA Chairman and Secretary respectively, the committee stated that “for purposes of zoning in the forthcoming 16 July 2022 elections, the applicable zoning principles are as contained in the Constitution of the NBA, which remain sacrosanct.”

This has ostensibly settled the vexed issue of “micro-zoning” of offices in the eagerly awaited elections. CITY LAWYER recalls that former Secretary of the NBA Constitution Review Committee, Mr. Olasupo Ojo had asked the committee to interpret especially Section 9(3) of the recently amended NBA Constitution.

However, throwing the gates wide open for all aspirants within each geographical zone to vie for the offices, the ECNBA put the issue beyond debate, thereby clearing the way for NBA Welfare Committee Chairman, Mr. Yakubu Chonoko Maikyau SAN and immediate past NBA General Secretary, Mr. Jonathan Taidi.

Watchers of NBA politics had speculated that if the committee had implemented the “micro-zoning” principle, this would especially have shut out Maikyau, given that former NBA President, Mr. Abubakar Mahmoud SAN is from the same zone. This, they believe, would have handed the initiative to the Chairman of NBA Security Agencies Relations Committee (NBA-SARC), Chief Joe-Kyari Gadzama SAN who is believed to be eyeing the NBA Presidency.

Said ECNBA: “For purposes of determining the eligibility of a candidate to contest for the offices liable to be rotated on the basis of the zoning arrangements specified in the Constitution of the NBA as fully reflected in the ECNBA’s Preliminary Notice of Election and the Guideline for 2022 Elections, regard shall be had to the candidate’s geographical zone of origin with particular reference to a State within the zone under reference.”

The committee noted that its Preliminary Notice of Election dated 17 March 2022 and Guideline for 2022 Elections of National Officers of the NBA and the NBA Representatives to the General Council of the Bar (General Council) dated 24 March 2022 “sets out the zoning arrangement for National Officers and NBA Representatives to the General Council consistent with the provisions of Part IV (1), (2), (3), (4) (5) and Part V (2) of the Constitution.”

It observed that 1.3 Part IV (4) of the Constitution provides that “where a position is zoned to a particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone”.

Perhaps hinting that there is a lacuna in the NBA Constitution, the committee stated that all that was defined in the Constitution were the States that are comprised in the various zones and not the “different groups and/or sections in the geographical zone”.

According to the committee, “The Constitution specifies some offices subject to rotation on the basis of the principle of zoning. With reference to the election of national officers, these offices are:

(a) President (b) 1st Vice-President (c) 2nd Vice-President (d) 3rd Vice-President (e) General Secretary

“With reference to the election of NBA representatives to the General Council, the NBA Constitution specifies that each zone shall elect not less than six (6) Representatives to the General Council.

“For clarity, the States in each of the zones as provided for in the NBA Constitution are reproduced below:

i. Northern Zone: Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe, Zamfara and FCT-Abuja.
ii. Eastern Zone: Abia, Akwa Ibom, Anambra, Bayelsa, Cross River, Ebonyi, Enugu, Imo, and Rivers State.
iii. Western Zone: Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun, and Oyo.”

CITY LAWYER recalls that Ojo had in the letter addressed to ECNBA Chairman and marked “URGENT” with reference number OO/ECNBA/ABJ/ECNBA/02/22, Ojo said: “In the main, I write to formally seek the attention of the ECNBA, for the proper interpretation of the mandatory provisions of section 9(3) of the NBA Constitution as well as paragraphs 2.2(b) and 2.2(d) of the second schedule in light of the forthcoming 2022 NBA National Officers’ election.”

Continuing, the fiery senior lawyer said: “Pursuant to the dictates of section 9(3) of NBA Constitution and paragraphs 2.2(b) and 2.2(d) of the second schedule, the rotation of the candidacy for the office of the presidency amongst different groups/sections in the geographical zones created by the NBA Constitution has been and is an intrinsic provision of the NBA Constitution; which has since been endorsed by the 2020 Electoral Reform and Audit Committee which recommended inter alia that same;

“…should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is marginalized and the unity of the bar is preserved.”

“This report and recommendation was also given imprimatur by its subsequent adoption by the NBA NEC as contained in the communiqué issued by the President and General Secretary of the Association on March 18, 2021. Kindly find attached the relevant pages of the report, NEC minutes of meeting and communiqué for ease of reference.”

He noted that section 9(3) of the NBA Constitution provides that the country shall be divided into three zones as set out in the Second Schedule for the purposes of election into national offices.

Quoting Paragraph 2.2(b) of the second schedule to the NBA Constitution, Ojo identified the geographical zones as Northern, Eastern and Western Zones, adding that “what constitutes different groups or sections in the NBA Constitution is akin to the geopolitical zones within the geographical zones.”

Ojo noted that Paragraph 2.2(d) of the Second Schedule to the NBA Constitution provides that “Where a position is zoned to any particular geographical zone, the position shall be rotated and held in turn by the different groups and/or sections in the geographical zone.”

According to Ojo, “Having due regard to paragraph 2.2(d) of the second schedule to the NBA Constitution reproduced above, an aspirant to the Office of the Presidency of the NBA has to be from a section/geo-political zone in the geographical zone where the Presidency is zoned, in this case the North for 2022 NBA election, in compliance with the constitutional rotation requirement. This rotation within the geographical zones also applies to the positions of 1st Vice President, 2nd Vice President, 3rd Vice President and General Secretary which have all been zoned to specific geographical zones for the purposes of the 2022 NBA elections as pointed out above. That is to say that within the Western zone, the rotational principle will apply in view of the different sections/groups which are mid-west and south-west while in the Eastern Zone; rotation is to be between the south-south and south-east. In the same vein, the rotation is to be amongst the North-Central, North-West and North-East geopolitical zones within the Northern zone.”

He noted that following the build-up to the 2022 NBA election which has been zoned to the North, “there are several prospective aspirants for the position of the NBA President from the Northern Zone, many of whom have consulted me in respect thereof.

“I seek the clarification and/or confirmation of the ECNBA as to the import of section 9(3) of the NBA Constitution and paragraph 2.2(d) of the second schedule of the NBA Constitution on the 2022 NBA general election in the determination of the issue as to the eligibility status of aspirants emerging from the sub-zones from the North, West and East geopolitical zones respectively with respect to the offices zoned to them.. In my humble view the need for this clarification now is germane to the transparency and fairness of the electoral process and clearly represents the clear and mandatory provision of the just amended NBA Constitution and should ideally therefore be expressly indicated in the guidelines that will be issued and published by the ECNBA in due course.”

Concluding, Ojo wrote: “In the circumstances, I seek the required clarification as it relates to the rotation amongst the various sections/groups within the respective zones that are to produce the next NBA President, General Secretary and Vice Presidents in order to be properly guided as a voter and key stakeholder of the Bar. This is more so as consultations are ongoing and I intend to possibly contest or play key roles in the electioneering process at the appropriate time. I humbly entreat you to treat this matter with utmost fairness, transparency, justice and strict adherence to the rule of law as it is a sensitive issue touching on the future of the Nigerian Bar. I await your prompt response on this matter so that I can be guided accordingly.”

ECNBA_ZONING

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Lucius Nwosu SAN (middle), after one of his successful legal tussles

‘HOW LUCIUS NWOSU, SAN DIED’ – BY FAMILY

Leading oil and gas lawyer, Mr. Lucius Ezeakamadu Nwosu SAN “passed onto glory peacefully in his sleep” in Abuja last Tuesday, his family has said. He was aged 69 years. The announcement confirms CITY LAWYER exclusive report that the leading lawyer has passed on.

Announcing the passing of the foremost oil pollution and environmental rights lawyer in a trending post titled “Transition Announcement” obtained by CITY LAWYER, a family representative, Mr. Akandu Emmanuel Nwosu wrote: “With hearts filled with grief but with gratitude to God for a purpose-driven and impactful life, we announce the death of our dear father, husband, brother, uncle, cousin, confidant and family head, Lucius Ezeaka Nwosu, SAN, who passed onto glory peacefully in his sleep on Tuesday the 6th of April, 2022 in Abuja FCT at the age of 69.

“We request prayers for his family and ask that their privacy be respected at this time. Burial arrangements will be announced by the family.”

A post on his University of Nigeria Enugu Campus 1976 alumni platform obtained by CITY LAWYER read: “BREAKING… Am distressed and in tears. Why do such things happen?! Can’t still believe it that Papa Doc is gone to the great beyond. He passed this morning. Hate to be a bearer of bad news. Na so we see am.”

Another post read: “LUCIOUS (sic) NWOSU SAN, may your soul rest in peace.” It would seem that his classmates nicknamed him “Papa Doc.”

A source who is a classmate of the fiery lawyer had confirmed the sad news to CITY LAWYER, saying the news was originally broken by a judge who is also a classmate of the foremost oil pollution claims expert allegedly nicknamed “Lucifer Nwosu” by international oil companies for being a thorn in their flesh in his many legal battles for compensation for polluted oil-bearing communities. He stated that three members of the class have been mandated to visit his wife.

Nwosu was lately entangled in a face-off which wrought a crisis within the Legal Practitioners Disciplinary Committee (LPDC), leading to the resignation of its chairman and two members due to alleged meddlesomeness by the Body of Benchers.

This also led him to petition the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata in a letter dated February 17, 2022 urging him to impress on leading lawyer, Chief Wole Olanipekun SAN “to refrain from bidding for the Chairmanship of the Body of Benchers failing which, the Bar should politely withdraw his candidacy.”

Continuing, he wrote in the four-page letter: “Mr. President, I do not have anything to gain or lose personally by Chief Olanipekun SAN remaining in or becoming Chairman of the Body of Benchers, but I would rather not be your goodself as president and alter ego of the Nigeria Bar Association, when this tragic circumstances will be ascribed to your tenure. Hence this urgent note of caution.”

It was unclear whether Akpata responded to Nwosu’s petition. However, the Body of Benchers brushed aside the controversy to elevate Olanipekun to the position of Chairman of the elite body.

Born on January 30, 1953 into the Nwosuagwunwanguma Family of Uhuala, Udo in Ezinihitte Mbaise Local Government Area of Imo State, he studied law at the University of Nigeria, Enugu Campus, graduating in 1980.

Listed in NIGERIA’S TOP 100 LAWYERS compendium, Nwosu was admitted to the Nigerian Bar in 1981. He took silk in 2004 and was a member of the Legal Practitioners Privileges Committee (LPPC) between 2005 and 2011.

He was the Principal Partner of Messrs Lucius Nwosu (SAN) & Partners, a Port Harcourt based full-service law firm. Prior to the establishment of his law firm, Nwosu had a stint with the Chambers of Dr. J. I. J. Otuka, formerly a UNN law teacher.

Nwosu has been involved in many high stakes and complex oil pollution cases. As Lead Counsel to some Ogoni communities, he secured N45.9 Billion compensation from Shell Petroleum Development Company (SPDC). He also secured N37.6 Billion award against the Federal Government in a lawsuit instituted by the Odi community of Bayelsa State for victims of the military invasion of the community on November 20, 1999. Nwosu also secured N81.9 billion oil pollution compensation for some oil-bearing communities in Akwa Ibom against Nigerian National Petroleum Company (NNPC) and Mobil Producing Nigeria Unlimited.

He was Counsel to the former Chief Justice of Nigeria, Justice Aloysius Katsina-Alu in the headline-grabbing lawsuit brought by erstwhile President of the Court of Appeal, Justice Ayo Salami challenging his suspension by the National Judicial Council (NJC).

According to his profile in NIGERIA’S TOP 100 LAWYERS, “Nwosu has several legal publications to his credit. He is the author of Litigation: Useful Tips on Effective Case Management (2003). He had been invited by the Council of Legal Education (CLE) to develop a position paper on Oil and Gas Law as part of the activities marking its 10th anniversary.”

Nwosu was married to his wife, Nneka. The marriage was blessed with children.

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‘WE’LL PARTNER WITH CIARB TO MAKE LAGOS ADR HUB,’ SAYS SANWO-OLU

Members of the Executive Committee of the Chartered Institute of Arbitrators (CIArb) Nigeria Branch recently paid a courtesy visit to the Governor of Lagos State, Mr. Babajide Sanwo-olu. The aim of the visit was to discuss areas of collaboration.

Chief J. Akingbola Akinola, SAN, CIArb thanked the Governor of Lagos State Mr. Babajide Sanwoolu for taking out time from his very busy schedule to receive the CIArb delegation, a statement obtained by CITY LAWYER noted. He observed that Lagos State plays a pivotal role in the Nigerian economy and it remains the focal point of economic, financial and commercial activities in the country.

Akinola added that a lot of infrastructural development is ongoing in Lagos State and that as disputes are an inevitable part of commercial activities, the establishment of an effective and efficient dispute resolution framework with well-trained and equipped human capital is essential for the economic growth as well as commercial activity within Lagos State. He lauded the progressive nature of the Lagos State Government under the Leadership of the Governor.

He informed the Governor that the Institute is positioned to partner with the Lagos State Government in capacity building and the use of the ADR mechanisms to support the activities of the government.

The Governor thanked the CIArb delegation for the visit and commended the CIArb Nigeria Branch on the work being done by the institute in the field of ADR and training of ADR practitioners. He noted that arbitration is an important tool to settle disputes and there is a need for capacity building in this area. He assured the CIArb Nigeria Branch of his support to develop Lagos State into an ADR hub.

Among the CIArb Nigeria Branch delegation were the 1st Vice Chair, Mrs. Sola Adegbonmire, C.Arb; the 3rd Vice Chair, Mrs. Obosa Akpata, C.Arb; Branch Secretary, Mrs. Josephine Akinwunmi, FCIArb; Branch Treasurer, Mr. Akin Omisade, FCIArb; Chairman of the Training Sub-Committee, Mr. Seyilayo Ojo, C.Arb; Assistant Secretary, Mr. Ibifubara Berenibara FCIArb, and the General Manager of the Branch, Ms. Chinelo Agbala.

The Lagos State delegation included the Deputy Governor of Lagos State, Dr. Kadri Obafemi Hamzat; the Attorney-General of Lagos State, Mr. Moyosore Onigbanjo, SAN, FCIArb; the Special Adviser on Education, Mr. Tokunbo Wahab and the Account-General of Lagos State, Mr. Abiodun Muritala.

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ANXIETY OVER ENERGY EXPERT, LUCIUS NWOSU SAN

There are strong indications that leading oil and gas lawyer, Mr. Lucius Nwosu SAN is dead.

A post on his University of Nigeria Enugu Campus 1976 alumni platform obtained by CITY LAWYER read: “BREAKING… Am distressed and in tears. Why do such things happen?! Can’t still believe it that Papa Doc is gone to the great beyond. He passed this morning. Hate to be a bearer of bad news. Na so we see am.”

Another post read: “LUCIOUS (sic) NWOSU SAN, may your soul rest in peace.” It would seem that his classmates nicknamed him “Papa Doc.”

A source who is a classmate of the fiery lawyer confirmed the sad news to CITY LAWYER , saying the news was originally broken by a judge who is also a classmate of the foremost oil pollution claims expert allegedly nicknamed “Lucifer Nwosu” by international oil companies for being a thorn in their flesh in his many legal battles for compensation for polluted oil-bearing communities.

He said that the news broke yesterday of Nwosu’s passing, adding that it was not until today that the news was confirmed. He stated that three members of the class have been mandated to visit his beloved wife.

Nwosu was lately entangled in a face-off which wrought a crisis within the Legal Practitioners Disciplinary Committee (LPDC), leading to the resignation of its chairman and two members due to alleged meddlesomeness by the Body of Benchers.

This also led him to petition the Nigerian Bar Association (NBA) President, Mr. Olumide Akpata in a letter dated February 17, 2022 urging him to impress on leading lawyer, Chief Wole Olanipekun SAN “to refrain from bidding for the Chairmanship of the Body of Benchers failing which, the Bar should politely withdraw his candidacy.”

Continuing, he wrote in the four-page letter: “Mr. President, I do not have anything to gain or lose personally by Chief Olanipekun SAN remaining in or becoming Chairman of the Body of Benchers, but I would rather not be your goodself as president and alter ego of the Nigeria Bar Association, when this tragic circumstances will be ascribed to your tenure. Hence this urgent note of caution.”

It was unclear whether Akpata responded to Nwosu’s petition. However, the Body of Benchers brushed aside the controversy to elevate Olanipekun to the position of Chairman of the elite body.

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‘HOW TO FOSTER RELATIONS BETWEEN LAWYERS AND SECURITY OPERATIVES’

In this paper presented at the 1st Hybrid Townhall Meeting organized by the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC) on the theme, “Lawyers, Security Agencies and the Rule of Law,” MR. MELA AUDU NUNGHE SAN argues that the NBA through its committees and in collaboration with the authorities should focus on sensitizing lawyers and security operatives on the need to foster the rule of law by maintaining cordial relations

ENHANCING RULE OF LAW THROUGH HARMONIOUS COLLABORATION BETWEEN LAWYERS AND SECURITY AGENCIES: PROSPECTS, CHALLENGES AND THE WAY FORWARD.

BY

Mela Audu Nunghe, SAN
[Magayaki Tangale]
Founder & Principal Partner, Samkong Chambers
Mela Audu Nunghe, S.A.N & Co
79, Ebitu Ukiwe Street, Jabi, Abuja
E-Mail:melanunghe@gmail.com
nungheaudu@nigerianbar.ng
Website: www.samkongchambers.com

Paper presented at the 1st Hybrid Townhall Meeting on the theme: Lawyers, Security Agencies and the Rule of Law.
Organized by the Nigerian Bar Association – Security Agencies Relations Committee (NBA-SARC)
Held at the Auditorium, NBA National Secretariat, Abuja/Virtual.
On Tuesday, April 5, 2022 by 12:00 noon

1.0 INTRODUCTION
The rule of law is a liberty centered constitutional concept which rides on the compelling conclusion that everything must be done in compliance with and according to the law. This assertion renders it abundantly obvious, that the composition of the key players in the quest to enhance, entrench and sustain this concept, consists of the ministers in justice’s own temple who must at all times observe, uphold and promote the rule of law by virtue of their calling as legal professionals on the one hand, and the agencies who are saddled with the statutory mandate to enforce and ensure due observance of the law in all of human transactions in a democratic society , on the other hand – hence, lending credence to the fact that there can be no overstating the need for the maintenance of continuous harmonious interrelationship between them in order to constantly adhere to best democratic practices prevailing in civilized nations, enthrone the ends of justice, respect and protect fundamental rights of citizens, maintain law, order, secure and peaceful co-existence and invariably, guarantee growth and economic emancipation in any given polity (in this context, Nigeria).

Historically, there is no exactitude of date as to when the concept was first formulated as a legal or philosophical construct. However, as a phrase, it was adopted as far back as the 17th Century but as a classical concept it is arguably linked to the ancient Greece nation and in its present form and content, it is an acceptable politico-legal phenomenon which transcends the boundaries of societies and attained universal uniformity as the conception that no one single being is immune to the law. In the same breadth, the concise meaning of the concept is as yet elusive, thus compelling the conclusion that it is an elusive construction which has over the years given rise to rampant divergence of understandings. Although, the consensus has been long formed that the modern exposition of the rule of law be credited to Albert Venn Dicey, KC, FBA,(Usually cited as A.V. Dicey).

Against this background, this paper undertakes to underscore some of the various meanings and interpretation ascribed to the rule of law, pointing out its key characteristics and the extent of its application in the Nigerian context with a view to expounding the necessity of ensuring a formidable and healthy or harmonious collaboration between legal practitioners and security agencies towards enhancing cum entrenching its subsistence, and it x-rays some of the challenges to which it looks at the accompanying prospects and makes recommendations that could serve as signpost for both improvement and solutions.

2.0 MEANING AND CONCEPT OF THE RULE OF LAW
The rather commonly cited phrase ‘rule of law’, subscribes to no universally adopted definition, although, this is not unusual as it is the case with most legal and academic concepts. However, there exist numerous attempted definitions and perhaps, descriptions with which the subject matter has come to be associated over the course of time, by scholars, judicial officers, writers, jurists and even the lawmakers, across jurisdictions and their inherent peculiarities. Little wonder therefore, why it has been succinctly summed up as a “nebulous concept whose meaning and content vary from place to place and time to time”.

Notably still, is the fact that a common denominator is apparent in whatever conceptualization is eventually resorted to, which is that, the rule of law emphasizes the need to sustain an inviolable balance in civilized societies built upon the fundamentals of equity, fair play, justice, good governance and safeguarding of human rights.

In fact, there is to be found in a number of international instruments, provisions touching on some portions of rule of law, for instance, in the preamble to the United Nations Charter, the Peoples of the United Nations reiterate “faith in fundamental human rights in the dignity and worth of the human person, is the equal rights of men and women….” And in a similar vein, Article 1 (3) of the Charter stipulates that one of the purposes of the establishment of the United Nations is the “promotion and encouragement of respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion” (a replica of this provision is also contained under Article 2 of the Charter of the African Union).

Be that as it may, the rule of law presupposes the notion that in order for a given society to function properly, orderly, fairly and even smoothly, all of its members who constitute the fabric of its legitimate existence, must, at all times, agree to and accordingly abide by a common and binding set of rules, called the ‘law’.

According to Malemi, the “rule of law is the observance, application and supremacy of civil or regular laws as opposed to arbitrary laws and arbitrariness, martial law, emergency law or military rule. It is the law which is reasonably justiciable in a democratic society. Hence, all persons in Nigeria are under Nigerian law or within the Nigerian rule of law.” This perspective appears to lean towards emphasizing the maintenance and upholding of a legitimate legal and political system, recognized, amenable and acceptable to all and sundry as dominant, as opposed to dictatorship or imperialism.

To Ben Nwabueze, the rule of law is not just a doctrine about legality; it is not just a requirement that all executive actions of government affecting the individual must be backed by, and strictly in accordance with the law. It is a doctrine that requires that within the limits of the law-making power allowed by the higher law of the Constitution, the law must circumscribe the discretion it grants to government in matters affecting the interest of the individual, so as to curtail much as possible the scope of governmental arbitrariness. Hence, the rule of law is the pillar of constitutional democracy of great importance.

In the Black’s Law Dictionary, rule of law is defined as the supremacy of the regular law as opposed to arbitrary power and that, every person is subject to the ordinary law within the jurisdiction. This bears allusion to the understanding that, as a constitutional abstract, the rule of law is manifest as the bedrock of governance which demands that both the superior authority (government) and the subjects (citizens and institutions) must always conform with the dictates of the law and their actions must be legally justifiable. And in addition, that the affairs of government be carried on in a manner that does not overlap the bounds of recognized and acceptable framework of rules and principles which prevents the unfettered exercise of discretionary power–“a golden and straight net weight of law as opposed to the uncertain and crooked cord of discretion”.

Lending his learned wits to the discussion, John Locke expounded that the idea of rule of law is vividly captured in the postulation that:
“freedom of men under government is to have a standing rule to live by, common to everyone of that society and made by the legislative power created in it, and not to be subject to the inconstant, unknown arbitrary will of another man.”

In the year 1959, the connotation of rule of law was yet again elaborated in Delhi by the International Congress of Jurists which had in attendance 53 countries represented by 185 judges and lawyers, and at the close of event, the adopted definition of rule of law is, that it is:
“a dynamic concept for the expression and fulfillment of which jurists are primarily responsible and which should be employed not only to safeguard and advance the civil and political rights of the individual in a free society, but also to establish social, economic, educational and cultural conditions under which his legitimate aspirations and dignity may be realized.”

The foregoing definition is all-encompassing and one that took a sharp departure from the conventional presupposition of the concept which dwelt mainly on political and civil rights, to now embrace in addition, socio-economic, educational and cultural rights, hence, presenting a modern-approach definition.

In the case of Arthur Yates & Co. Property Ltd. v. Vegetable Seeds Committee, the court, per Herring CJ enunciated that:
“It is not the English view of law that whatever is officially done is law… on the contrary, the principle of English law is that what is done officially must be done in accordance with the law.”

As if to re-echo the above dictum, the Nigerian Court in the celebrated case of Shugaba v. Minister of Internal Affairs held inter alia that the rule of law ensures equality of all persons without any distinction, that it also guarantees transparency and incorruptibleness and must be preferred.

Flowing from the collection of meanings and expositions ascribed to the concept of the rule of law, what becomes glaring is that it is impossible to draw out a single variable which adequately sums up and clarifies the central idea behind it. Suffice it to submit then, that the concept of rule of law will be best appreciated by reference to three major indicators as postulated by A. V. Dicey, which though, are not without their shortcomings but are apt for our discussion and will thus be succinctly examined.

2.1 TRIPARTITE INDICATORS OF THE PREVALENCE OF RULE OF LAW
In his lectures at the University of Oxford, the Vinerian Professor of English Law, A. V. Dicey, professed the famous tripartite indicators of the existence of rule of law in any given society; supremacy of the law, equality of all before the law and individual rights guaranteed by the Constitution.

2.1.1. Supremacy of the Law
According to Dicey, “the rule of law means in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrariness, of prerogative, or even wide discretionary authority on the part of the government… a man may be punished for a breach of law, but he can be punished for nothing else”.

Elegantly eloquent as Dicey’s first indicator seems, it has been heavily faulted on the ground that not only is the adoption of the term ‘regular law’ too ambiguous to discern especially in the Nigerian context, reference to the phrase ‘arbitrary power’ is also unfitting as it could be considered subjective in context given the fact that arbitrariness comes into play where the executive applies its powers in a manner not authorized by law or conducts itself beyond the parameters set by the law, but then, confusion arises when an executive may though be permitted under regular law as conceived by Dicey but still runs contrary to the supreme law of the land (being the Constitution), the most common example being military decrees and promulgations in Nigeria.

2.1.2 Equality before the Law
Laying emphasis on this principle, the Professor maintained that every citizen, inclusive of government officials, must be subjected and amenable to the jurisdiction of the ordinary courts of the land. Specifically, he averred that “the rule of law means equality before the law or the equal subjection of all classes and manners of persons to the ordinary law of the land administered by the ordinary law court.”

Respecting court orders, observance of the due process of law, fair and equitable treatment of all parties before the court, unbiased rulings and judgments, judicial activism, absence of fear, favor or friction in the timely administration and dispensation of justice among others, would all conveniently constitute components of the idea of equality before the law. For instance, in the case of Governor of Lagos State v. Ojukwu the supreme court extensively reaffirmed the compelling necessity to respect and obey court orders and accordingly stated among other considerations, that “it is a very serious matter for anyone to flout a positive order of a court and proceed to insult the court further by seeking a remedy in a higher court while still in contempt.”

Regardless, this second ambit of Dicey’s components of rule of law, has also been criticized on the basis that the idea of treating everyone as equal before the law is both far-fetched and fallacious, because according to Aristotle, “a law that treats equals as unequal denies equality as the law which treats unequal as equals.” This philosophical viewpoint goes to expose that it is ideal but impractical to insist on attaining equal status for every person before the law in a setting where the system, classes and affairs of men are generally unequal, as even the law itself in some cases, directly or indirectly makes it so, by according certain privileges and immunities to a portion of persons over and above others. Not to mention also that there exist, other forms of special purpose courts and bodies which are though not ordinary courts of the land as used in Dicey’s second expression, yet they are saddled with performing judicial or quasi-judicial functions of enforcing the law and determining the rights, duties and liabilities of parties, such as election Tribunals, Code of Conduct Tribunal, Court Martial, Public Complaint Commission and so on.

2.1.3 Individual Rights Guaranteed by the Constitution
Dicey gave a third attribution to the rule of law doctrine by postulating that “the rule of law of the Constitution, the rules which in foreign countries naturally form part of a constitutional code, are not the source but the consequence of the rights of individuals, as defined and enforced by the courts, that in short, the principles of private law have with us been by the action of the Courts and Parliament so extended as to determine the position of the Crown and of its servants; thus the Constitution is the result of the ordinary law of the land”.

This last assertion has been held as being too narrowed down to the jurisdiction of the United Kingdom which operates on an unwritten Constitution and being Dicey’s place of reference and hence, it is not suited to a country like Nigeria where the fundamental rights of its citizens has been expressly provided for, guaranteed and safeguarded by the Constitution and made enforceable by the Courts (when redress is sought by an individual upon actual or likely violation of their rights, relying on the Constitution) as opposed to being defined or determined by Courts or derived from the actions of the parliament.

In sum, Niki Tobi JSC (of blesseth memory) summed it all up by reiterating in laconic terms that the rule of law in eyes of Dicey which though has been brought under criticism in the face of overriding realities of our time and society, still remains the optimum articulation of the concept available. That the rule of law in fact, entails (i) Supremacy of the law over arbitrary power; (ii) Subjecting everyone to the laws of the land and applying sanctions and punitive measures when disobeyed, thus making everyone equal before the law; and (iii) Guaranteeing the fundamental rights of the individual as inalienable and undeniable save as permitted under the Constitution.

2.2 CONTEMPORARY TEXTURE OF RULE OF LAW IN NIGERIA
The contemporary interpretation of the doctrine of law refers to a cluster of ideas, the best known being related to the principle of legality, prescription of procedural standards in the administration of justice, the separation of powers, promotion of material justice and individual rights and the maintenance of public order.

In January 1961 in Lagos during an African Conference on the rule of law, the Former Chief Justice of the Federation, Hon. Justice Ademola Adetokunbo expressed his dissent to the argument that the concept of the rule of law is exclusively an Anglo-American construct and noted in his address before the session that:

“It has been said that the rule of law is mainly an Anglo-American institution, that the concept of ‘government under law’ and such phrases as the ‘supremacy of the law’ or the ‘rule of law’ are all purely western inventions…. The African, it was suggested, might find a third legal system which is neither ‘the rule of law’ nor socialist legality propounded by the communists. But the rule of law is not a western idea, nor is it linked up with any economic or social system. As soon as you accept that man is governed by law and not by whims of man, it is rule of law. It may be under different forms from country to country but it is based on principles; it is not an abstract notion.” (Underlined for emphasis)

Thus, in Nigeria, the 1999 Constitution of the Federal Republic of Nigeria (as amended) has laid down the legal framework for the operation and legitimacy of a democratic government, and thus it recognizes and accommodates, to a large extent, Dicey’s proposition of the triangular representation of the rule of law.

First, the conception of the absolute supremacy or predominance of the regular law as opposed to the influence of arbitrary power in Nigeria is captured under the Constitution by virtue of its Supremacy as enshrined in Section 1 (1) thereof, which provides thatthis Constitution is supreme and its provisions shall have binding force on all authorities and persons through out the Federal Republic of Nigeria.

The foregoing provision implies that powers must be exercised according to the provision of the grundnorm being the fountain of all laws in the land. This is brought to the fore by the conclusion that power must be exercised in conformity with the basic and ordinary laws of the land and the presupposition that there must not be executive lawlessness in any country where the rule of law is in operation. Hence, the law must function independent of any hindrance and all actions be dispensed with in line with the law, that is why the 1999 Constitution renders null and void, the provision of any law that is inconsistent with its provision and that it shall prevail. A very recent case on this point is that of Udeogu v. FRN where the full bench of the apex court held inter alia that “…Section 396 (7) of the Administration of the Criminal Justice Act, 2015 is inconsistent with the Constitution, particularly Section 290 (1) thereof . Therefore, by operation of Section 1 (3) of the Constitution, Section 396 (7) of the ACJA, 2015, to the extent of its inconsistency with Section 290 (1) of the Constitution, is void”. See also, Chief Nduka Adede vs AGF, (Unreported) Suit No FHC/UM/CS/26/22, where Hon. Justice Nyadike held that Section 84(12) of the Electoral Act, 2022 is inconsistent with the provision of section 66(1) (f), section 107 (1) (f), section 137 (1) (g) and section182(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999(as amended), and consequently ordered the Attorney General of the Federation to expunge Section 84(12) of the Electoral Act, 2022 forthwith for its inconsistency with the Constitution.

Secondly, on the principle of equality before the law, although Dicey postulates that it is meant to ensure that all citizens no matter how well connected, rich or powerful – are judged for their actions by the same laws, equally applied. Equality before the law is one of the core ways in which citizens can ensure that government officials, the rich, the powerful and the well-connected do not become a caste apart, yet, the current realities prevailing in Nigeria are in direct contrast to this ideal, as various events have continued to prove the fact that equality before the law only exists on paper but in practical sense, the cost of attaining justice for example, by recourse to the formal adversarial process has been made so prohibitively expensive such that it is out of the reach of the common man, not to add to the raging technicalities, delays, unnecessary adjournments, trickery by lawyers and the excruciation of climbing the courts’ hierarchy from the lower to the apex cadre and the costs associated with each stage visits untold hardship and inequality on the common man , as well as the flagrant disregard for court orders by those in position of authority. In the case of Kalu v. EFCC there was a Court Order on 31st day of May, 2007,restraining the EFCC from arresting, detaining and prosecuting Orji Uzo Kalu, the then Governor of Abia State. But the EFCC went ahead and prosecuted him flouting the Court Order. Therefore, the Counsel to Kalu petitioned the President of the Federal Republic of Nigeria and the Attorney General that the charge against his client was in breach of the rule of law.

On the question of individual rights vis-à-vis the Constitution, the rule of law connotes respect for human rights, it involves respect for and protection of human rights by government, its servants and agents and by everyone in the country. Without human rights there can be no justice, and life is meaningless. Albeit, the provisions of Chapter II and IV of the 1999 Constitution(as amended) essentially contemplates Dicey’s idea of rule of law, but the fact that Chapter II has been made non-justiciable by the provisions of Section 6 (6) (c) thereof, largely undermines the practicability of the absolute application of the rule of law and indirectly reduces the potency of the fundamental rights of the citizens as the two chapters are invariably connected.

3.0 ENHANCING THE RULE OF LAW IN NIGERIA
To promote uniformity in the contextualization, understanding and application of the rule of law, the United Nations Secretary General in his report to the Security Council in 2004, provided detailed analysis bothering on the collective participation of all relevant institutions and authorities in order to enhance, maintain and ensure its near absolute observance across all layers of the societies, as captured in these words:

‘The ‘rule of law’ refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights, norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of the law, separation of powers, participation in decision making, legal certainty, avoidance of arbitrariness and procedural and legal transparency’.

This submission alludes to the practical idea that the rule of law engenders a collection of principles that can only be felt in real sense through the interdependent efforts of law-related institutions in the society in order to inform their structure, reform, operation, monitoring and evaluation. There is quite a plethora of them in the Nigerian architecture but this paper centers on the legal practitioners and security operatives who are regarded as the primary agents of rule of law in the day to day affairs of the human society vis-à-vis their complementarily with each other and with other key institutions and organs to be found in a democratic dispensation.

3.1 ROLE OF LAWYERS AND LEGAL EDUCATORS
In Nigeria, the Bar is made up of all persons who have been duly enrolled and thus qualified to practice law in Nigeria pursuant to the provisions of the Legal Practitioners Act, irrespective of the aspect of the law they specialize in and the capacity in which they choose to practice subsequent to their enrolment; it could be as advocates, solicitors, academics, corporate practitioners, legal advisers, in-house counsel, public officers, judges or quasi-judicial officers or private practice among others. As such, the point must be made emphatically that a legal practitioner is more than merely someone actively engaged in the aspect of litigation or property transactions as generally misconceived by the laymen to mean lawyers.

Accordingly, this discussion centers on the role of the members of the Nigerian Bar Association in enhancing the rule of law, regardless of the capacity or mode in which they practice law but will exclude judicial officers as they are better referred to as the bench.

The role of lawyers in the enhancement and entrenchment of the rule of law has been eloquently summarized by Yusuf O. Ali, SAN thus:
“The last hope of the common man in this nation is in the courts of the land, which are the Temple of justice. The Bar is the collective noun of Lawyers who are in the main, Ministers in the Temple of Justice. Rule of Law is not an end itself, but a means to an end. The end result of Rule of Law is nothing but justice. Rule of law cannot therefore thrive, unless Ministers in the Temple of justice contribute their quotas.”

To this end, some of the roles lawyers are required to play include but not restricted to the following sub-headings:
(i) Upholding and Respecting the Rule of Law: It would be rather paradoxical to hear of lawyers who do not accord and uphold the set of principles governing the basis upon which they conduct their professional pursuit. This explains why Section 2 (1) (c) of the Constitution of the Nigerian Bar Association stipulate the main objective of the bar in no unclear provision by stating that “The promotion of the principle of the Rule of Law including fundamental liberties and the independence of the judiciary”. This commands that lawyers in whatever status they operate must at all times desist from being found wanting in conducts that constitute an affront to the principles of rule of law. For example, instances where members of the noble profession participate in, aid or abate the unlawful prosecution of individuals or their detention without observance of the due process of law, robs rule of law of its objective of enthroning quality before the law and preserving human rights.

(ii) Awareness Creation and Sensitization on the Rule of Law: Lawyers are equally duty bound to create avenue via which the people can be made to fully grasp and appreciate the importance and divergent reaches of the concept of rule of law. Legal educators equally have a pressing role to play in this regard particularly in their teaching and research models by propagating the need to uphold and observe the tenets of the doctrine as a recipe for the maintenance of civilized existence. According to T. O. Elias the only viable means through which lawyers can keep Nigerians well-informed about the rule of law is to break it down in this fashion:

• That the rule of law is an indispensable tool for economic development, orderly advancement and social progress of our fatherland;
• That it is a preservative measure for their moral and cultural improvement; and
• It is the only means through which the unity of the various ethnic groups in the nation can be achieved.
• All known forms of advocacy, activism by lawyers and other civil societies must be directed at practicing obedience or compliance with every letter and spirit of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) first, and other extant laws that are consistent thereof and judicial pronouncements i.e judgments and orders made by competent courts in our land.

(iii) Promoting Human Rights: Actual or threatened Infraction of the fundamental and sacred rights enshrined in the Constitution take place every day to the chagrin of the masses and the seeking of redress for such violations are by law, done in the courts of law, hence the onus is exclusively placed on lawyers who have been given the trust to adequately and promptly secure the granting of reliefs on behalf of the affected party. And this, lawyers must be with fervent vigor and exceptional level of commitment in order not just to restore the lost confidence in the profession but to also serve as an avenue through which the doctrine of rule of law may be fully actualized and enhanced in Nigeria. See James Yusuf Danboyi & 10 others vs COAS & Anor

3.2 ROLE OF THE SECURITY AGENCIES
Some of the security agencies who are at the heart of the application of the rule of law in Nigeria and the role they can and should play in the quest to continuously improve upon and stretch the tentacles of rule of law in Nigeria are here examined.

3.2.1 The Nigerian Police
This agency of the Federal Government is primarily responsible for the maintenance of law and order. The Nigeria Police Force (Establishment) Act, 2020, came in to force on the 17th September, 2020, and it repealed the Police Act, 2004. The general objective of the new Act is to provide an effective police service that is based on the principles of accountability, transparency, protection of human rights, and partnership with other security agencies.

In fact, the role of the Nigerian Police in the promotion of rule of law has been codified in the enabling Act as their functions and duties. These have vividly cut across the trajectory of the principles of rule of law and especially lean towards the protection of fundamental rights of individuals, collaborating with sister agencies to ensure and maintain public safety, peace, law and order, crime prevention, detection and prosecution, protection of lives and properties of the citizens among others. In carrying out these duties, they assume the pivotal role of ensuring equality of persons before the law, its supremacy as well as respecting human rights. The court in justifying the exercise of powers of arrest and detention by the police held in the case of Isiaka Adeboye &Ors v. Saheeto International Ltd. &Ors that:

“The powers of the Nigerian Police Force, with regards to crime prevention, detection and prosecution, are very wide indeed, to the extent that the Nigerian Police force has the power to detain and question anyone reasonably suspected to have committed or connected to the commission of a crime, within a limited timeframe and in a humane and responsible manner.”

No matter how one attempts to stretch it further, their roles in this noble objective cannot exceed the confines of the legislation directly regulating their operations otherwise they shall be acting beyond their powers which would result in an abuse of the rule of law rather than entrenching it. In this regard, see the case of: KURE v. C.O.P. (2020) (pt. 1729) Pg 296 @ 326, Para B-F, where the Supreme Court per Abba Aji JSC stated: “ The primary duty of the police by Section 4 of the Police Act is the prevention of crime, investigation and detection of crime and prosecution and punishment of offenders….The police is not a debt recovery agency and has no business to dabble into contractual disputes between parties arising from purely civil transactions…..when as is the circumstances of this action, a purely civil matter is reported, such a person cannot go scot-free as the report ought not to have been made at all since it is not within the purview of police duties. It is a report made malafide and he will be equally liable for the action taken by the police irrespective of whether he actively instigated them or not, since he had no business involving the Police in a purely civil matter in the first place. Such conduct which portrays disregard of the law and is amimed at using the coercive powers of the state to punish a contracting party in a purely civil matter ought to be mulcted in exemplary damages.” See also Okafor and anor v. AIG Police Zone II Onikan & Ors (2019) LPELR-46505

3.2.2 The Nigerian Armed Forces
The role of the military generally has been patently defined under the 1999 Constitution by the combined effect of Sections 217 and 218 thereof. Section 217 relates to the composition and establishment of the armed forces of the Federation, while Section 218 focuses on command and operational use of the armed forces of Nigeria. Sub-section (1) of Section 217 in particular is to the effect that there shall be an armed forces for the Federation which shall consist of an Army, a Navy and Air Force and such other branches of the armed forces as may be established by an Act of the National Assembly, while Sub-section (2) states that the Federation shall subject to an Act of the National Assembly made in that behalf, equip and maintain the armed forces, as may be considered adequate, expedient and effective for the purpose of:

(a) defending Nigeria from external aggression
(b) maintaining its territorial integrity and securing the borders from violation on land, sea or air
(c) suppressing insurrection and acting in aid of civil authorities to restore order when called upon to do so by the President, but subject to such conditions as may be prescribed by an Act of the National Assembly; and
(d) Performing such other functions as may be prescribed by an Act of the National Assembly.
It is in discharging these functions that officers of the Nigerian Armed Force contribute their quota to the enhancement and retention of the cherished doctrine of rule of law in the country. See James Yusuf Danboyi v. COAS & Anor (Supra)

3.2.3 State Security Service
The Department of State Services or State Security Services is yet another key institution that plays a role in the detection and prevention of crime in the country, particularly those targeted against the state and in the course of discharging its mandates it is duty-bounden to uphold and respect the rule of law.

The department was initially created by the military government and has been maintained as a special service under the civilian dispensation to nurture, preserve and protect the country’s democratic governance. It is enabled to perform its roles and functions principally by Instrument SSS No. 1 of 1999 made pursuant to Section 6 of the National Security Agencies (NSA) Act 1986.

The primary functions of the agency are inclusive of the undermentioned:
• Prevention and Detection of any crime against the internal security of Nigeria;
• Protection and Preservation of all non-military classified matters concerning the internal security of Nigeria;
• Prevention, Detection and Investigation of threats of espionage, subversion, sabotage, terrorism, separatist agitations, Inter-group conflicts, Economic crimes of National security dimensions and threats to law and order;
• Provision of protective security for designated principal government functionaries, sensitive installations and visiting dignitaries;
• Provision of timely advice to government on all matters of National Security interest and
• Such other functions as may, from time to time, be assigned to it.

To sum it up, these duties must be carried out lawfully, in other words with utmost regard to the rule of law as held in the recent case of The State Security Service &Ors v. The Incorporated Trustees of the Peace Corps of Nigeria &Ors

3.2.4 Defense Intelligence Agency
This agency was established by the National Security Agency Act and saddled with the central responsibility for defense related intelligence within and outside Nigeria. The Agency’s main preoccupation is the protection and preservation of all military matters concerning the security of Nigeria. It coordinates the intelligence activities of the Intelligence Directorates of the Armed Services; Military Intelligence (DMI0, Naval Intelligence (DNI) and Air Force Intelligence (DAI).

They complement the role of the DSS and Military in ensuring and maintaining national security and cohesion, which are necessary recipes for the subsistence of rule of law.

3.2.5 Other Paramilitary Units
All other security outfits and paramilitary institutions in Nigeria have vital roles to play in the promotion and reenactment of the rule of law, as their duties are often intertwined and they constitute the pillars of civilized human existence in Nigeria. Those units such as the National Security Civil Defense Corps, Nigerian Immigration Service, Nigerian Customs Service and National Drug Law Enforcement Agency are all critical stakeholders and agents in the actualization of the core objectives of the rule of law and democratic excellence within the polity. In their facilitation of internal security and protection of lives and properties of the citizens, ensuring the lawful commute of persons into and outside the shores of the country, monitoring the import and export of goods and maintaining effective border relations with neighboring jurisdictions to enforce compliance with the laws and preventing the sell, consumption and movement of illegal drugs and narcotics among other key functions of these government anti-graft authorities, places them at the cynosure of enhancing and entrenching the rule of law in Nigeria.

4.0 COLLABORATIVE ENGAGEMENT WITH LAWYERS TO ENHANCE, ENTRENCH AND SUSTAIN THE RULE OF LAW
The Security agencies must first establish and maintain a robust inter-agency collaborative mechanism among themselves to ensure co-ordination and systemic performance of their roles in enhancing and entrenching the rule of law across all layers of their operations such as crime prevention and control, maintaining law, order, peace and security and national integration. And to their credit, they have considerably achieved this with examples abound, prominent amongst which was the case of arrest of Boko Haram leader, Yusuf Muhammed by the soldiers and handed over to the Police Force in Borno State for onward investigation and prosecution. Similarly, the officers of the Nigerian Custom Service arrested the former Liberian President Charles Taylor who was on exile in Nigeria while attempting to escape from the country and gave him up to Nigerian Immigration Service. Also, the ground combat by the military, the air strikes by the Air Force, grilling at different flash points by the Police and the intelligence gathering and use by the DSS (internally) and the NIA (internationally) are producing and yielding some applaudable outcomes. Hence, the continuous exhibition of such concerted efforts and synergy and extending into all other spheres of operations will invariably aid and entrench the observance of rule of law in the country as it shows that the law is not only held supreme but it is duly obeyed and all persons are treated equally before the law and the rights of the citizens are less infringed against.

Once the above tempo is improved upon and sustained, harmoniously collaborating with the lawyers becomes less herculean. The role of the lawyers as already established resides in upholding and respecting the rule of law, creating awareness and promoting human rights in handling the causes of their clients and in their general conduct as ministers in the temple of justice. As such, where well-coordinated inter-agency approach is on ground, legal practitioners are thus accorded the fertile ground to ensure strict compliance with laid down procedures in the areas of arrest, detention, investigation and prosecution of all manners of suspects and criminals, treatment of terrorists, corrupt government officials and so on. And to also insist on compliance with orders and judgment of the courts to maintain its hallowed status and restore confidence in the judicial system being a key institution in the rule of law landscape.

5.0 CHALLENGES
Some of the challenges militating against the achievement of a seamless collaboration among lawyers and the security agencies in entrenching the rule of law over the years feature some of the following issues:

 There is the presence of general feeling of animosity and perhaps, threat, exhibited by most of the security agencies, especially the police towards lawyers whenever the latter has reason to pay them a visit to secure the release of or interact with their clients held in custody of the former. This face-off often hampers the swift dispensation of justice and even negatively affects the fundamental rights of the detainee, a sharp affront to one of the pillars of rule of law.
 Indiscipline springing from a bloated sense of superiority, ignorance, lack of understanding and proper knowledge and training, undermines espiritde corps among the security agencies, which is a source of discouragement to the learned minds who have appreciable understanding of the law and its application.
 The cankerworm of corruption which hitherto continues to permeate deep into the fabrics of our society, equally hampers any bid for collaboration to enhance the rule of law
 Poor remuneration and condition of service of the security agencies causes them to resort to cutting-corners and all other avenues through which to sustain themselves in acute disregard for the observance of the rule of law and this makes it practically difficult for the lawyers to find themselves on the same page with them.

6.0 PROSPECTS
The prospects envisioned for Nigeria’s rule of law regime where harmonious collaboration could be fully achieved and made to endure the test of time, are indeed quite innumerable, but are reduced into the following:

 The speedy administration of justice will become a reality and no longer a myth as all the unwarranted technicalities often associated with the criminal justice process will be drastically reduced if not eliminated and conducts of the operatives will be carried out in accordance with the law.
 Confidence will be restored in the judicial and legal system in the country, thus leveling the ground for winning the lasting war against corruption and ushering in rapid economic growth, peace and serene nationhood.
 Such collaborations will also boost the morale of the security agencies knowing that they are working hands-in-gloves with professionals who truly understand the essence of the law and are working on the same agenda as them to enhance the rule of law.
 The society becomes a safe haven of sorts where respect for the law is assured and there is a general feeling of equal treatment of all before the law among the populace.

7.0 WAY FORWARD/RECOMMENDATIONS
In light of the challenges noted above, the following recommendations are preferred:

 The Nigerian Bar Association through its many committees in collaboration with the authorities should focus more energy on sensitizing both lawyers and officers of the forces on the need to foster the growth and promotion of the rule of law in Nigeria by maintaining good and complementary working relationship in their areas of interface.
 More workshops, conferences and trainings of this nature should be organized and widened in scope across states and localities to emphasize the essence of rule of law in our democracy
 Government must galvanize efforts towards revitalizing the living conditions of the security agencies in order to rekindle their sense of patriotism and to consider themselves as indispensable cogs in the wheel of enhancing the rule of law
 Legal educators also have a critical role to play in their modes of teaching and imbibing in the trainees who will become legal professionals on the immense essence of the rule of law. They equally must publish researched papers and organize public speeches to trash out these issues.
 The fight against corruption must now more than ever, become more vigorous in order to arrest and address the lingering consequences it hitherto bears on our entire political terrain.

8.0 CONCLUSION
A detailed adumbration on the origin, meaning and the tripartite indicators of the rule of law have been extensively provided along with a legal perspective on the contemporary texture of rule of law in Nigeria. The paper addressed the independent roles of legal practitioners and select security agencies in the architecture of rule of law in Nigeria and attempted to draw out the need and instances of their collaborative engagements towards not just enhancing but equally sustaining the rule of law in Nigeria.

BIBLIOGRAPHY

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Olong, A. M. Administrative Law in Nigeria (2nd ed., Malthouse Press Limited, 2009) 13-14

Sir William Holdworth’s Review of Wade’s Introduction to Dicey (9thedn) 55 LGR 585

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in the Promotion and Protection of Human Rights in Nigeria’, Annual Survey of International and Comparative Law. Vol. 23 (1) art. 3 (2019) 9 available at https://digitalcommons.law.ggu.edu/annlsurvey/vol23/iss1/3 accessed 20 March 2022

Mary-Imelda, N. O. ‘The Rule of Law in Governance in Nigeria’ (2010) JILJ 187-201
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Investigators and Prosecutors and Prisons; Adhering to the Rule of Law in Investigation and Prosecution’ (2019). Paper presented at the National Workshop for Investigators and Prosecutors held at Andre OtutuObaseki Auditorium, National Judicial Institute, Abuja on Monday 26th August 2019

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INTERNET
Haruna B.A. & A. M. Yusuf, A. M. ‘A Conceptual Analysis of the Rule of Law in Nigeria’ (2017)
Bayero Journal of International Law and Jurisprudence (BJILJ) available at <https://www.researchgate.net/publication/321017220> accessed 19 March 2022

https://www.dss.gov.ng/dss_about accessed 12 January 2022

Madubuike-Ekwe N. J. and Obayemi, O. K. ‘Assessment of the Role of the Nigerian Police Force
in the Promotion and Protection of Human Rights in Nigeria’, Annual Survey of International and Comparative Law. Vol. 23 (1) art. 3 (2019) 9 available at https://digitalcommons.law.ggu.edu/annlsurvey/vol23/iss1/3 accessed 20 March 2022

Ontario Justice Education Network, ‘Rule of Law in Brief’ (2013) Student Handout, available at
<https://www.ojen.ca©2013> accessed 17 March 2022

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‘WE’VE SETTLED 15 BRUTALITY CASES AGAINST LAWYERS,’ SAYS GADZAMA

In this Opening Address at the recent “Town Hall Meeting,” Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), CHIEF JOE-KYARI GADZAMA SAN says the committee has successfully intervened in over 15 cases involving NBA members. He however notes that all hands must be on deck in the task of bridging the trust gap between lawyers and security operatives

OPENING ADDRESS

BY

Chief Joe-Kyari Gadzama, OFR, MFR, SAN, FNIALS, FICMC, DiplCArb, FNICArb, FCIArb, C.Arb
(Of Lincoln’s Inn, Barrister/Life Bencher/Certified Mediator/Regulatory Consultant)
Chairman, Nigerian Bar Association – Security Agencies Relations Committee
Sardauna of Uba, Okwulora of Ukpo and Bobajiro of Akure Kingdom,
Founding Principal Partner of J-K Gadzama LLP

AT
THE MAIDEN NBA-SARC TOWNHALL MEETING,
HELD AT THE NBA AUDITORIUM, NATIONAL SECRETARIAT, ABUJA,
ON APRIL 5, 2022.

PROTOCOL

INTRODUCTION
I once read these golden words from Mark Twain: “The secret of getting ahead is getting started”. Mr. Olumide Akpata has breathed life into these words as I know them. He started. He is ahead. As you may all recall, the Nigerian Bar Association-Security Agencies Relations Committee (NBA-SARC) was constituted at the National Executive Council meeting held on Thursday, December 16, 2021 in Abeokuta, Ogun State, and inaugurated by the NBA President, Mr. Olumide Akpata, on Friday, January 7, 2022, at the NBA National Secretariat. The need and urgency that propelled the Akpata-led NBA to constitute such a committee as the NBA-SARC, cannot be overemphasized, especially in the face of reoccurring cases of harassment of legal practitioners by security agencies.

To bridge the trust-gap between lawyers and security agencies, the importance of a relations committee cannot be overstretched. Strong relationships of mutual trust between security agencies and the legal community are critical to maintaining public safety and effective policing. Security agencies among other measures rely on the cooperation of legal practitioners in ensuring that the three-way traffic of justice is attained – for the victims, the perpetrators, and society. A lawyer’s willingness to therefore trust any security agency depends on whether they believe that such actions of the security agencies reflect the values, ideals and principles of procedural justice and legitimacy.

It will therefore not be out-of-place to refer to the NBA-SARC as a child of necessity, born to provide succour to the recurring trends of maltreatment of legal practitioners by security operatives whilst these legal practitioners discharge their official duties and obligations to clients. Such was our task, urgent and delicate, with no room for laxity, for time was of the essence and much was/is indeed at stake when the very custodians and ministers in the temple of justice are endangered, harassed, intimidated, and threatened in the course of carrying on their sacred and noble practice of the law. May the day never come when lawyers will cow to such wanton display of impunity.

It is consequent upon the foregoing urgency and delicate mandate of ours that we have set forth legal and diplomatic mechanisms, in a bid to reduce, and possibly eradicate the incessant cases of harassment of legal practitioners across the country.

MANDATE OF THE COMMITTEE

Success demands singleness of purpose, this is even truer for the NBA-SARC in its present drive, where objectives have been narrowed down and concentrated on but a few things at a time. Mr. President has ably notified the NBA – SARC of its terms of reference, which are as hereunder highlighted:

1. Formulate policies to be implemented by the NBA (whether alone or in collaboration with other stakeholders) that will deal holistically with the risk posed to Nigerian lawyers by security agencies.

2. Collaborate with the relevant security agencies to promote and advance a mutually beneficial relationship between the said agencies and lawyers in Nigeria.

3. Develop and promote proper protocols for engagement with security agencies by lawyers, in the course of carrying out their professional duties.

4. Work with the various branches of the NBA to achieve, at the branch level, objectives that are similar to those set out in these terms of reference.

5. Promptly intervene in cases of harassment, unlawful detention, intimidation, etc. of lawyers (in the course of carrying out their professional duties) by security agencies.

6. Carry out any other function that may be assigned to the Committee by the President or the National Executive Council; and

7. Make recommendations to the NBA President as appropriate and carry out such other functions that are consistent with the foregoing or which are necessary to achieve the mandate of the Committee.

MEMBERS OF THE COMMITTEE

Alone we can do so little; together we can do so much. I consider myself supremely fortunate to lead the members of the NBA-SARC who have shown great understanding of the job required of them and the urgency with which to deliver on assignments and tasks. Indeed, I am only as strong as the weakest link in this great team. Imagine how amazed I am to know that I have got you all and your support too. I fondly remember the words of the American scientist, Mr. Jonas Edward Salk, who developed one of the first successful polio vaccines, when he said “the reward for work well done is the opportunity to do more.” May I on that light note commend that, you all have put in your heart and soul, it is only fair to give you even more work.

Below is also the list of the members of the NBA – SARC, and their telephone contacts:

S/N NAMES DESIGNATION PHONE NUMBER
1 Joe-Kyari Gadzama, SAN, MFR, OFR Chairman 08022231999
2 Alex Muoka Alternate Chairman 08033009242
3 Marian Jones Secretary 08033479752
4 Taiwo Lakanu (DIG Rtd) Member 08037160989
5 Mohammad I. Tsav Member 07035653513
6 Valentine Odili Member 08035047498
7 Adanna Lynda Uba Member 08032925119
8 Chief M. A. O. Iyamanbhor Member 08037204923
9 Julie Ariahu Member 08023411581
10 Salman Alhaji Salman Member 08037252757
11 Nnaemeka Emmanuel Otagburuagu Member 08039566682
12 Peter Chukwunyelu Ikebuaso Member 08033133739
13 John Aikpokpo-Martins Member 08023063841
14 Rabiah A. Hassan Committee Liaison Officer 08063579840

ACTIVITIES OF THE COMMITTEE

After less than 3 calendar months from the NBA-SARC’s inauguration, the Committee has taken giant strides toward achieving its mandate. This is evidenced by the Committee’s plethora of successful interventions and programs. These successes will be briefly but succinctly highlighted hereunder:

I. Our Interventions:
At the risk of seeming immodest, the NBA-SARC has successfully intervened in more than 15 cases involving members of the NBA and security agencies across Nigeria since its inauguration. Permit me to, briefly run through some of these interventions:

a. One of such foremost interventions by the NBA-SARC was the case of Mr. Israel Lagbamue of the NBA Badagry Branch, Lagos State, who sometime in March, 2021, allegedly stood surety for a client in respect of a probate matter which is presently pending in Court. It was gathered that while Mr. Lagbame’s client refused to return to the police station for the continuation of investigation, Mr. Lagbame travelled to Abuja for another matter at the Nigerian Police Force headquarters where he ran into the Investigating Police Officers (IPO) in his client’s investigation, who immediately arrested and brought Mr Lagbame to the Force Criminal Investigation and Intelligence Department (FCIID) Area 10, Garki Abuja, where he was detained. The NBA-SARC promptly interfaced with the Nigerian Police Force and through its concerted efforts, Mr. Israel Lagbamue Esq was released.

b. Another laudable intervention of the NBA-SARC is the case of Mr. Ekilikwo Justus, a legal practitioner and member of the NBA from the NBA Idemili branch, who was detained at the IRP Abuja for a case involving a land transaction. Various attempts had been made by the Idemili branch Chairman, to secure his release but these attempts appeared to be futile as security authorities were reluctant. The security operatives were of the view that Mr. Ekilikwo Justus had a case of murder to answer and as such, should not be released from detention. However, the NBA-SARC began interfacing with the Police and other relevant security outfits in order to resolve the case of Mr. Ekilikwo Justus and presently, all discrepancies are being cleared owing to the NBA-SARC’s steadfast efforts in the matter.

c. The NBA-SARC has also intervened in the case of one Yemi Abdulkareem v NPF (LASG/JPI/233/2020. Yemi Abdulkareem was brutalized and killed by a police officer during the EndSARS protest in 2020. In line with this, his family petitioned on his behalf for a sum of 10 Million Naira. Upon the intervention of the NBA-SARC with the Nigerian Police Force and through their continued efforts, the petition was treated under the Police brutality cases. The petition made by the family was found meritorious and the family was awarded the sum of 10 Million Naira by the EndSARS Lagos Judicial Panel.

d. Furthermore, on February 7, 2022, the NBA-SARC, released a statement condemning the abduction of three members of the NBA Warri Branch. The NBA-SARC further urged the Edo State government to work hand-in-hand with the Nigerian Police Force to put in place safety measures to protect legal practitioners and the general public at large. The NBA-SARC is also pleased to announce that the abducted members have been released and are now safe. Legal practitioners, are enjoined, to now, more than ever, be on alert and security conscious.

e. The NBA – SARC has further intervened in the following matters which will be briefly highlighted: the case of one Nyiev Jennifer Mimidoo, then the case of detaining Mr Wale, Vice Chairman, Ota Branch – 18/01/2022, to condemning the Kidnap of members of Warri Branch – 6/02/2022, then the Release of Mr. Ifeanyi Okonkwo and Mr. Paulinus Ezenwaka – 13/02/2022, to the Intervention in the maltreatment of Mr. Kolawole Isaac Abubakar, Esq by Officers of the Nigerian Customs Service – 27/02/2022, followed by the case of assault of Nnamdi Samuel Nwafor, Esq., to the Intervention in the assault of Redzie Jugo, Esq. of NBA Jos Branch and condemning the Arrest of Abubakar Marshall, who is Mr, Omoyele Sowore’s lawyer – 8/03/2022.

II. Our Courtesy Visits to Relevant Security Agencies:

On Tuesday, February 15, 2022, I led the hardworking members of the NBA-SARC on courtesy visits to Prof. Bolaji Owasanoye, SAN, the Chairman of the Independent Corrupt Practices and Other Related Offences Commission (“ICPC”), and the Chairman/Chief Executive Officer of the National Drug Law Enforcement Agency(“NDLEA”), Brig. Gen. Muhammad Buba Marwa (Rtd) respectively, and therein discussed the urgent need for partnership and cordial relations between the NBA, its members and officers of each of the security agencies.

On March 2, 2022, the NBA-SARC, also paid a courtesy visit to the Chief of Defence Intelligence (CDI) of the Defence Intelligence Agency (DIA). We are scheduled to visit the Economic and Financial Crimes Commission sometime this month.

III. Townhall Sensitization Webinar:

On Friday, February 4, 2022, The NBA-SARC, in furtherance of its mandate, has also organized a Townhall Sensitization Webinar, to create consciousness of its mandates. This was widely attended, as issues that affect the safety and welfare of legal practitioners were on the front burner of discussions.

IV. Round Table Discussion with Executives of the NBA Branches:
On Saturday, February 19, 2022, the NBA-SARC held a virtual roundtable discussion series with Executives Committee members of all Branches of the NBA to propose ways of seamless interaction between members of the Security Agencies and members of the NBA.

V. Virtual Townhall Sensitization for Young Lawyers:
The NBA-SARC has organized a Townhall Sensitization Webinar, for the Young Lawyers Forum (YLF) of the NBA in a bid to further sensitize on the NBA-SARC mandate and advise on the best ways for seamless interaction with members of the security agencies across the country.

VI. Participation in the CLEEN Foundation Methodology Workshop Ahead of Police Reform Audit in Nigeria:
Further to the directive of the NBA President, Mr. Olumide Akpata, the NBA SARC, on February 15, 2022, participated in a methodology workshop, by CLEEN Foundation. The workshop brought together about 22 stakeholders with a focus on police reform in Nigeria to suggest and contribute to the research tools that will be deployed for the nationwide survey on police reform in Nigeria. The presentation of CLEEN Foundation methodology to stakeholders was with the view of incorporating seasoned views and opinions that will result in an effective research exercise and findings. The research was geared toward reestablishing commitment to ensuring accountability, and rights-respecting police service delivery in Nigeria.

THE SIGNIFICANCE OF THE MAIDEN HYBRID TOWNHALL MEETING OF THE NBA-SARC:

The significance of this Townhall Meeting cannot be overstated. This Hybrid Townhall Meeting, themed “Lawyers, Security Agencies and the Rule of Law, will host sessions on topical issues such as conflict management between lawyers and security agencies, enhancing rule of law through harmonious collaboration vis-à-vis emerging issues in human rights abuses, amongst a host of other issues.

The Speaker for the Opening Plenary, DCP Simon Lough, SAN, will speak on: HISTORY OF DISPUTES BETWEEN LAWYERS AND SECURITY AGENCIES.

The Speaker for the 1st Session, Mr. Chukwuka Ikwuazom SAN will beam searchlights on the topic: LIKELY REASONS FOR, AND MANAGING CONFLICT BETWEEN LAWYERS AND SECURITY AGENCIES

The Speaker for the 2nd Session, Mr. Mela Nunghe SAN will guide us through the topic: ENHANCING RULE OF LAW THROUGH HARMONIOUS COLLABORATION BETWEEN LAWYERS AND SECURITY AGENCIES: PROSPECTS, CHALLENGES, AND THE WAY FORWARD

Prof. Peter Akper SAN, the Speaker for the 3rd Session will x-ray the concept: THE RULE OF LAW, THE BEDROCK OF MANAGING THE RELATIONSHIP BETWEEN LAWYERS AND SECURITY AGENCIES, While the Speaker for the Closing Plenary, Rt. Hon Nkeiruka Onyejiocha will lend her golden voice on the topic: LAWYERS AND SECURITY AGENCIES DICHOTOMY: EMERGING ISSUES IN HUMAN RIGHTS ABUSE.

The overall objective of this Maiden Townhall Meeting of the NBA-SARC is to champion the NBA President’s vision for prime cordial rapport between legal practitioners and security agencies across Nigeria, as well as project the urgent need for lawyers to claim the numerous benefits the NBA-SARC platform presently offers.

UPCOMING ACTIVITIES

The NBA-SARC has also lined up a series of hybrid programs, physical and online, directed at sensitization of both personnel of security agencies and legal practitioners, viz Webinars, Workshops, Courtesy Visits, et al. tailored, ultimately, for an improved efficient and cordial relations with security agencies across the country, focally including the Nigerian Police Force.

We are raising subcommittees of the NBA-SARC at each of the 125 branches of the NBA, comprised of 5 to 15 members of the Young Lawyers’ Forum (YLF), to be headed by the Chairmen of the YLF of each branch, and the National Chairman of the NBA YLF, to be co-opted to our Committee. This will provide a prompt complaint platform, more easily accessible to members of the NBA, at the various branch level. This will also help in the collation of harassment cases and intimidation against lawyers by security agencies, and importantly, the urgency with which they are dealt with.

It is also worthy of note that the YLF provides an arsenal that can be empowered by the NBA to help in the fight against human rights abuses, thereby promoting public interest lawyering.

CONCLUSION:

Let me especially appreciate the NBA President for the prime leadership, vision, and foresight in inaugurating such a committee as the NBA-SARC. Indeed, you have taken the lead in leading the NBA to the promised land of our dreams. You dreamt dreams of a better Bar, we are seeing manifestations of your invigorated drive towards stamping out a passive Bar. We see a revamped and revived NBA, conscious of the plights, yearnings, and needs of the Nigerian lawyers. We see a Bar that works for all. I must appreciate you, personally and on behalf of the NBA-SARC for always being supportive of the strives and strides of the Committee.

I must also appreciate the other National Officers of the NBA, the National Executive Council of the NBA and, the Organizing Committee of this maiden NBA-SARC Hybrid Townhall Meeting. Your collective support has been priceless and is not taken for granted.

As the NBA-SARC passionately persists in carrying out its mandates, which majorly is directed towards ensuring the safety and welfare of all legal practitioners across the country, in line with the vision of the Akpata-led NBA, we urge all members of the Bar and Branch Chairmen/Chairpersons to fully support and indulge us by recommending and reporting cases of maltreatment, harassment, unfair treatment of any legal practitioner to the NBA-SARC. The Committee can only attain its goals if it receives maximum support from all members of the Bar.

CONTACT
You may further reach the Committee through its official social media handles, viz: WhatsApp: NBA-SARC, YouTube Channel: NBA-SARC, Facebook: Nba Sarc, Twitter: @NbaSarc, Email: nbasarc20@gmail.com Instagram: nbasarc, Telegram: NBA-SARC. The Committee is also working on a toll-free helpline.

We cannot overstate the importance of having all hands on deck for the NBA-SARC and the NBA to supersonically take the lead in the safety and welfare of all legal practitioners across the country. Indeed, ours is a passionate commitment to always take prompt steps in liaising with the necessary security agencies to address the needs of all those affected and of interested parties. Long Live the Bar!!

Thank you.

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TAIDI PRAISES NBA CALABAR, HARPS ON NEED FOR ‘PEOPLE’S CONSTITUTION’

The immediate past General Secretary of the Nigerian Bar Association (NBA), Mr. Jonathan Taidi has commended NBA Calabar Branch on its choice of theme for this year’s Annual Law Week.

Describing the theme as “quite apt,” the Bar Leader said that it is “coming at a time when our nation faces multiple challenges, including issues surrounding the extant constitution and the quest by ethnic nationalities for a truly people-oriented constitution that is the product of genuine participation by representatives of the diverse groups that make up this country.”

He expressed hope that the outcome of the discussions at the Law Week “will help contribute to the existing conversation around a genuine people’s constitution and how best to solve the lingering agitations and yearnings of our people.”

Below is the full text of the goodwill message.

GOODWILL MESSAGE ON THE OCCASION OF THE NIGERIAN BAR ASSOCIATION (NBA) CALABAR BRANCH (DOYEN BAR) 2022 BAR WEEK

It is with great delight that I felicitate with the Nigeria Bar Association (NBA) Calabar Branch on the occasion of her 2022 Bar Week with the theme: “We The People: Agenda For National Consensus.”

This theme is quite apt, coming at a time when our nation faces multiple challenges, including issues surrounding the extant constitution and the quest by ethnic nationalities for a truly people-oriented constitution that is the product of genuine participation by representatives of the diverse groups that make up this country.

It is my utmost expectation that the outcome of the discussions at the Bar Week will help contribute to the existing conversation around a genuine people’s constitution and how best to solve the lingering agitations and yearnings of our people.

I wish all attendees a memorable Bar Week.

Jonathan Gunu Taidi, Esq.
NBA General Secretary (2018 – 2020)

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NBA ELECTIONS 2022: THE CONTENDERS, THE PRETENDERS

The Nigerian Bar Association (NBA) will on July 16, 2022 conduct an election to fill vacancies in the National Executive Council (NEC) and the General Council of the Bar (GCB).

A frenzy of activities and jostling has attended the run-up to the eagerly awaited elections. In this piece, and against the backdrop of release of the Election Guidelines by the Electoral Committee of the NBA (ECNBA), CITY LAWYER makes a sneak preview of the gladiators that may mount the soap-box to contest the forthcoming elections.

PRESIDENT
Barring any major shifts, the battle for the NBA Presidency will be a three-legged tussle between Chief Joe-Kyari Gadzama SAN, Mr. Yakubu Chonoko Maikyau SAN and Mr. Jonathan Taidi. While Gadzama is the Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Maikyau is the Chairman of the NBA Welfare Committee. On his part, Taidi is the immediate past NBA General Secretary. The three gladiators have invariably hit the ‘campaign trail’ on “consultations,” attending sundry meetings and events hosted by NBA branches and regional blocs and generally fraternizing with potential voters while seeking the buy-in of especially influential Bar Leaders and young lawyers on their vision for the Bar. A major issue that is bound to impact the presidential race is the debate over “micro-zoning” of the presidential slot. While the ECNBA’s decision on the issue is eagerly awaited, there is no gainsaying that it will invariably impact the presidential election.

GENERAL SECRETARY
Aside from the presidential race, the election for the post of General Secretary is poised to be a fierce dog-fight between five gladiators. These are Messrs Adesina Adegbite, Desmond Yamah, Ede Asenoguan, Ewenode William and Collins Ogiegbaen. While Adegbite is the penultimate NBA Welfare Secretary, Yamah is a former NBA Abuja Branch Chairman. Asenoguan held sway in NBA Benin Branch as its one-time Chairman while William is the immediate past NBA Assistant General Secretary and former NBA Effurun Branch Secretary. On his part, Ogiegbaen is the immediate past NBA Benin Branch Chairman. It is speculated that unless the Midwest Bar is able to reach a rapprochement among its four aspirants, it may hand the initiative to Adegbite who may poll a block vote from the South West bloc, thus dealing the Midwest Bar a similar hand it unleashed on the Egbe Amofin bloc during the 2014 and 2020 elections that led to the emergence of former NBA President, Mr. Augustine Alegeh SAN and current president, Mr. Olumide Akpata. CITY LAWYER gathered that as at this weekend, the talks remained deadlocked, moreso given the factionalization of the Midwest Bar into two strident opposing camps.

FIRST VICE PRESIDENT
Zoned to the “Northern Zone,” the race for the pivotal seat of NBA First Vice President is between Linda Rose Bala and Messrs Yakubu Saleh Bawa, Idris Doko Muhammad and Liman Salihu. While Bala is former NBA Legal Adviser, Bawa is current Chairman of NBA Jos Branch. On his part, Salihu is former Chairman of NBA Lokoja Branch while Muhammad is of NBA Lagos Branch. Although Bala is seen as having a better name recall and a veteran of NBA politics of sorts, analysts told CITY LAWYER that the other aspirants are “working very hard” to upstage her and neutralize any advantage her earlier involvement in NBA national politics may have afforded her.

SECOND VICE PRESIDENT
The post of Second Vice President is zoned to the “Eastern Zone.” CITY LAWYER gathered that while the influential Eastern Bar Forum (EBF) may have ‘micro-zoned’ the slot to the Core East, at least four aspirants may jostle for the position. Among the gladiators are the immediate past NBA Bwari Branch Chairman, Mr. Clement Chukwuemeka (aka “Democrats”); his NBA Owerri Branch counterpart, Mr. Damian Nosike; Dr. Gerald Abonyi, pioneer NBA Obollo-Afor Branch Chairman who was disqualified during the last general election, and Mr. Anthony Chukwurah, former NBA Gwagwalada Branch Secretary. Sources however told CITY LAWYER that three more aspirants – a university teacher from Awka Branch, a former branch chairman from Ezeagu Branch and yet another branch chairman from Mbano or Mbaise branch – may yet join the fray. The EBF has set up a Screening Committee to grill the aspirants and make recommendations to it.

THIRD VICE PRESIDENT
Zoned to the “Western Zone” comprising the eight States in the Egbe Amofin O’odua and Midwest Bar forums, the race is a straight fight between former NBA Ota Branch Chairman, Mr. Isaac Omuta Ogbah and Mr. Promise Ademi-Akpeto, his NBA Sapele Branch counterpart. Ademi-Akpeto is the current Treasurer of Midwest Bar Forum and was recently listed as having expressed interest in being appointed a Justice of the Supreme Court of Nigeria. Both former NBA Ikorodu Branch Chairman, Mr. Bayo Akinlade and Siyanbola Ganiyat Adetutu who were rumoured to have interest in the position told CITY LAWYER that there is no truth in the speculation. Adetutu lost the race for the position of First Vice President in the last election.

TREASURER
The position of Treasurer is an all-comers affair, as it is not zoned to any particular bloc. Viewed as an influential position in NBA matters – moreso with the wiping off of the post of Financial Secretary – the race is poised to be between four aspirants, including former NBA Assistant Publicity Secretary, Mr. Chuks Mbamala of NBA Enugu Branch; current NBA Epe Branch Vice Chairman and NBA-SPIDEL Committee Treasurer, Funmi Adeogun; Caroline Ladidi Anze-Bishop, former Vice Chairman and former NEC Representative, NBA Bukuru Branch, and Safiya Balarabe of Lafia Branch.

WELFARE SECRETARY
The position of Welfare Secretary is also not zoned to any bloc. Among those said to be jostling for the post former NBA Assistant Secretary, Chinyere Obasi; NBA Welfare Committee member and co-opted NEC member, Mr. Auta Nyada and current NBA Aba Branch Vice Chairman, Mr. Victor Onweremadu. CITY LAWYER reliably gathered that at least four aspirants may eventually make the ballot.

PUBLICITY SECRETARY
The position of Publicity Secretary is not zoned to any bloc. This is a tripodal race between the immediate past Assistant Publicity Secretary, Mr. Habeeb Akorede Lawal; current NBA Welfare Committee Secretary, Ogaga Emoghwanre, and the latest entrant, Mr. Felix Chukwuma Ashimole (aka Che Oyinatumba), a former NBA Bwari Branch Secretary and former Member of NBA Anti-Corruption Committee.

ASSISTANT GENERAL SECRETARY
The position of Assistant General Secretary is also not zoned to any bloc. This race may present a crowded field of aspirants. They include current NBA Ikorodu Branch Secretary, Mr. Oluwaseun Aka; incumbent NBA Ilorin Branch Secretary, Mr. Dhikrullah Adewale Balogun; Mr. Daniel Kip of Calabar; Mr. Oseme Peremene Anthony, former NBA Idemili Branch Chairman; Mr. Ayo Scott, former NBA Ughelli Branch Chairman, and one A. O. Abba of NBA Minna Branch.

ASSISTANT PUBLICITY SECRETARY
The position of Assistant Publicity Secretary is also not zoned to any bloc. While this may be a straight fight between Mr. Charles Ajiboye who also contested for the position during the last election and Mr. Akachukwu Nwoye, current NBA Gwagwalada Branch Secretary, CITY LAWYER gathered that other aspirants are waiting in the wings to join the race.

CITY LAWYER reliably gathered that two former branch chairmen and a former branch secretary are among those gunning to represent the NBA at the General Council of the Bar.

It remains to be seen how the permutations will play out as the elections draw closer.

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ADEGBITE URGES MIDWEST BAR FORUM TO FOSTER UNITY

Bar Leader and former Nigerian Bar Association Welfare Secretary, Mr. Adesina Adegbite has felicitated with the Midwest Bar Forum (MWBF) on its recent quarterly meeting.

In a statement made available to CITY LAWYER, Adegbite said: “As the leadership of our noble Association is becoming more determined in pushing the frontiers of legal practice and justice system to enviable levels, I also enjoin the Forum as it meets, to deliberate and chart a unified course towards a greater good of the Forum, our Association and very importantly for a better Nigeria, in view of the present heightened state of insecurity in our country.”

Below is the full text of the goodwill message.

GOODWILL MESSAGE TO MEMBERS OF MIDWEST BAR FORUM ON HER FIRST QUARTERLY MEETING IN 2022 HOLDING IN BENIN CITY

I join friends and well wishers of the Midwest Bar Forum in welcoming the Chairman, Executive Officers and members of the Forum to the quarterly meeting of the Forum holding in the ancient city of Benin, Edo State on Saturday, 2nd April, 2022.

As the leadership of our noble Association is becoming more determined in pushing the frontiers of legal practice and justice system to enviable levels, I also enjoin the Forum as it meets, to deliberate and chart a unified course towards a greater good of the Forum, our Association and very importantly for a better Nigeria, in view of the present heightened state of insecurity in our country.

I wish the Forum fruitful and successful deliberations even as I wish all attendees safe journey to and fro Benin.

Adesina Adegbite, Esq, FICMC (AA)
Past National Welfare Secretary, Nigerian Bar Association

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‘MY HUMBLE BEGINNINGS AND SUCCESS TIPS FOR LAWYERS,’ BY GADZAMA

In this speech, the Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC) , CHIEF JOE-KYAI GADZAMA SAN tracks his sojourn into the legal profession and notes that if young lawyers “get counsel from the senior ones, engage them, look for someone as a role model and copy and paste with some few adjustments,” they will build successful legal careers

Being the transcribed version of the reminiscences by Chief Joe-Kyari Gadzama, OFR, MFR, SAN, FNIALS, FICMC, DiplCArb, FNICArb, FCIArb, C.Arb (Of Lincoln’s Inn, Barrister/Life Bencher/Certified Mediator/Regulatory Consultant) Sardauna of Uba, Okwulora of Ukpo and Bobajiro of Akure Kingdom, Founding Principal Partner of J-K Gadzama LLP on Friday, March 4, 2022 at the NBA Abuja Branch (Unity Bar) monthly meeting for the month of March 2022, held at A-Class Park And Recreation, Kashim Ibrahim Way, Maitama, Abuja and hosted by former Chairman, NBA Abuja Branch, P. O. Okolo SAN

Protocol

Our indefatigable chairman of the branch, Moses Ebute, SAN, who has graciously, as a Senior Advocate of Nigeria (“SAN”) agreed to be the Chairman and serve this branch. It is not easy to have a SAN to lead a branch. I remember when I became the Chairman in 2004, someone asked me as a SAN, would you accept to lead the branch? I said yes, why not, that is the more reason some should be there. So, I greet you and I praise you for that and of course all your Executive members, Learned Senior Advocates here in person and of course a few others who have joined virtually, our elders at this meeting, past Chairmen, Secretaries, all leaders of the branch, all members and I recognize also specially for that matter the young lawyers, to whom this talk mainly concern.

Paul Eshomomo my brother, I call him my younger brother not because I am older biologically or older professionally, but because the name of my one and only younger brother from the same parents is Paul. That is the exact angle from which I am looking at you as my younger brother.

Introduction

I have not been given a particular topic to talk about; I have not received any letter of instruction and guidance as to what I should talk about. However, generally speaking, I think the request is for me to give some kind of reminiscences, some kind of recollection and probably to do a narration of some of the experiences, good and bad, negative and positive as you may look at them, that catapulted us to where we are today, while of course giving the glory to nobody but to the Almighty God, the helper, the sustainer of us all, the possessor of Heaven and Earth and the Fountain of living waters.

I have learnt that every day of my life, your life, our life, is but a page in history. So, if you will but fill a page in history every day, why not fill it with great things? If you were at a crossroad of life, why not the road less travelled? The tale of traveling the road less travelled has been my tale at the Bar. Where’s the fun in doing the common, in traveling the road travelled by all?

I have further discovered that one of the greatest tragedies in life is to lose your own sense of self. I know my roots, my story, my failures, my successes. I wear them all like a badge, I get inspired by them and when I look back on my journey, I take comfort in where my journey has brought me, and I get inspired, knowing I can go even further and farther.

Early Beginnings and Rainbow of Ambitions
Now, the question one may ask me is what happened before I became a lawyer? I became a lawyer in October 1986, when I was called to the bar at one of the campuses of the Nigerian Law School. But before then, the younger ones who do not know me may want to ask who are you? In an attempt to answer that question in less than a minute, I would say that I am Joe-Kyari Gadzama, from a small town called Lassa in Southern part of Borno State. Now, do not fret, there is no Lassa fever here (laughs), I have not brought any. To my knowledge, nobody from Lassa as an indigene ever suffered from Lassa fever (laughs).

Now speaking of my parents, my father was a policeman, a low ranked policeman. His educational attainment was probably primary four in those days and I was born in Mubi, Adamawa State, where the Director-General of the Nigerian Law School, Professor Isah Ciroma hails from, which was as far back as November 28, 1961, so I am exactly 60 years now. I thank God for all that. Well, some like Chief Awomolo, Chief Kanu Agabi, Dr. S. I Ameh, call me small boy, so that means I may call some of you small boys, as well as small girls, if you permit, especially the younger ones, since they look at us as their parents or some in the position of loco parentis. Having said this, somehow I started my primary school in those days, I cannot remember for certain if it was to as kindergarten in those days in Kainji Dam, then under Ilorin, now in Niger. I moved to Kaduna where I later saw lawyer Gaji who was being tried at the High Court of Kaduna, very close to our house. We always climbed the fence to listen to the proceedings as long as it lasted.

We used to live by what we call KCT, former Market Road now Ibrahim Taiwo Road. He was being tried for killing his wife and I saw lawyers in their wigs and gown, elegantly dressed, so I picked interest in becoming one, though initially I wanted to be a pilot and I wrongly thought that having not been to secondary school, because I went to a Teacher’s College instead, I was not qualified to become a Pilot. I also had an experience where my sister, by name Rebecca, snatched my biscuits and I got upset with her, and I decided to work in a biscuit factory so I could eat as much biscuit as possible, which did not happen. I was ambitious at that lowest level, all of us went through the same thing, and had different experiences. In fact, many of you must have had better and may I say sweeter experiences.

Now my parents like I said were low ranked, we were in the Police Barrack, near the then swimming pool road, Kaduna. We had one room and one parlor. In the night we would bring out our blankets, our mattresses and our mats and sleep. In the morning we will return them before guests will come. A family of about ten, five children and guests who had come from the village had to live with us as only few of us were in the cities. This is my little story of how I started. This story of mine simply portrays the fact that the future is bright, you can do better. You can be greater than Gadzama SAN, you can be greater than Moses Ebute, SAN, you can be greater than our host tonight, P.O Okolo SAN, and you can be greater than the learned Silk Onoja, SAN.

The Race to Silk: My Hurdles, Plights and Strategies
As you must be aware by now, I became a lawyer, but the real question is what happened thereafter? As soon as I became a lawyer in 1986, somehow by God’s grace, I stumbled across a publication in one of the papers ‘How to Become a SAN’. I remember some people whom I am happy to see here today, but I must recognize a few such as, Mr Moses Ebute, SAN who was my Head of Chambers in Maiduguri, for two good years before he came to Abuja, we worked together and he went further to be learned Silk. He has been blessed to be SAN but he had his own experiences with me. Prior to his time as my Head of Chambers, Mr. Fred Itula, SAN was my Head of Chambers in Maiduguri and he is also a Silk now. There are many of them. The Chairman of Sports Committee, Mr. Afam Okeke worked with me, for two years in Abuja. Chief C. P. Oli Esq worked with me too. Suffice it to say, over a thousand and one passed through our office and of course those who the office passed through have positive stories to tell. I went to a Teachers’ College and this has impacted my responsibilities as a mentor and a teacher. I do not have to tell you what you want to hear only, sometimes I have to tell what you do not want to hear. That is how it is done once mentorship is concerned.

So, after I became a lawyer and I read that publication in the paper, ‘How to Become a SAN’, the number of cases you must work on, the number of years you must be at the bar which is ten years e.t.c. I cannot remember the name of the paper. I photocopied it because the paper was not mine as I could not afford such then. I photocopied one and always kept it by my chest, and under my pillow. I was reading and going through it always, so I started working to meet the requirements. Most of the cases we handled, we sponsored them.

I was in Maiduguri at a point after my NYSC, with my uncle A. Ismail Gadzama in Kano. I also worked partly at the Kano State Ministry of Justice under the late Aliyu Umar, SAN. Then I left my uncle and thereafter started the practice of law on my own. I called myself a “scavenger”, not that I was picking pieces of paper everywhere I went, but if for example you gave me a piece of paper to work on, I mean let’s say two pieces of paper, I used one part of it, and kept the other part or I used the front page and kept the back page to be used for the next day, I did that. I am telling you what I did and I know many of you may be doing that. If I am given clips, you know clips and office pins, I would use one, if there is a spare one, I preserve it whether in my car, wallet or in my pocket. That was how low ranked I was at my practice. Initially I started on foot; sometimes, I would collect my father’s bike then, and would struggle to ride the bike. My father was a policeman when he retired. I took his Honda Benly, I would ride it, and would hide my face so that people will not see a lawyer on a bike.

This was how I was picking up, from these humble beginnings and working to become a SAN, sponsoring my cases to the Court of Appeal, Jos. There was a day at the Court of Appeal that Justice G. A Oguntade JCA(as he then was) who later became a Supreme Court Justice, now retired, and later retired as the Nigeria’s High Commissioner to the UK, saw me at the Court of Appeal with late Justice Muntaka Kumasi. I had twelve appeal cases at the Court of Appeal in Jos, I came all the way from Maiduguri and I was in all the twelve appeal cases, either for the Appellant(s), or for the Respondent(s). After the proceedings, he dropped his pen and said, “gentleman see me in my office”. I went to his office for the first time. He asked “where are you from, how did you come into these twelve cases? Someone will come for only one, spend a day or two and go back, but you are in all the twelve appeals, when will you apply for SAN?

You see, it’s like a young beautiful girl who likes a gentleman and may not be able to say it in our tradition, waiting and praying, hoping for the man to talk. The Hon Justice did not know I wanted to be a Silk or wear Silk. Pretending I was not interested I answered, “Well since you said so, I will apply my lord” He did not know I have been planning towards that for ten good years, because of the influence of people like Chief Kehinde Sofola, SAN. When we were having our law dinner, the dinner in the Nigeria law school which is conducted three times in a year, unlike in the UK where you must have twelve dinners, Chief Kehinde Sofola came and spoke to us, just as we participate these days as life Benchers to speak to students of the Nigerian Law School, I saw him, very intelligent, elegant, bright, you could not fault him in any way, confident, brilliant, he had all the positive traits of how a lawyer should be. I said I will like to be like that man. I went too close to him, although I did a case against him much later when I took Silk. But at that level, I wished to be like him, and this is what we call indirect mentorship.

Even Mentors were once Mentees who had Mentors
As you all probably would know, most times in life, you cannot succeed as an island. While I was taking this journey, I met several people who assisted me along the way, one was Hon. Justice Muhammad Kaumi Kolo, of blessed memory who was the Chief Judge of Borno State at the time of my application. He supported me during my Silk application process and physically accompanied me to the Supreme Court in Abuja for my conferment with the rank. Another was Kadi Kaka Shehu Imam. He mentored me when I was a young lawyer in Maiduguri and always provided me with counseling and advice.

The Honorable Justice Chukwudifu Oputa Mentoring and Training Program for Young Lawyers
On the other hand, there is direct mentorship program which we presently run at J-K Gadzama LLP. I never enjoyed that, most of you never enjoyed that, but the fact that you and I never enjoyed that formal mentorship does not mean you and I cannot do that for those coming behind us. That is why I sat down, and said, although I never had this kind of thing, what can I do for those coming behind? Because the question is this, what will be your legacies? Whether you like it or not time will come when you will no longer be there. You were not like this before; you were all once one month old, one year old, ten years old, twenty years old, some of us are sixty. Some of you are older than us. So it means time is transient, and whether you like it or not you will go back one day and meet your creator. The question is what are you leaving behind? As human beings, we do not have the same talent. But the one or two talents that God has given you, if you do not utilize them for humanity, if do not utilize them for your community, if you do not utilize them for your younger colleagues, if you do not use that to serve God, then you are not only being unfaithful, you are committing a sin and is punishable by God when the time comes. So, if you want to go to heaven, everyone wants to go to heaven, serve God and humanity with those talents.

One can go on and on telling you all these stories but, having become a Silk, I give God the glory. The question now is what next after taking Silk? You go back and serve the community, please lend a helping hand to people around you and bring them up. That was why for almost a decade now, I resolved between God and I that I must do something, carve a niche. I started a mentoring program. No one was doing it in the whole country to the best if my knowlegde, the records are there, I started it, and I used the name Chukwudifu Oputa for it. It was not a name from my state, nor from the north but because I have always liked Justice Oputa from far. I was not fortunate to appear before him, I was not from the eastern part of Nigeria, I did not know his family, but because I appeared before him at the Oputa Panel, I liked him; he was called the Socrates of the Supreme Court during his own time. One of the best of the best in terms of intelligence, in terms of character, in terms of integrity, in terms of everything positive that you need to have to sit with the lords. So, I made him my mentor from afar and I named the project “Honorable Justice Chukwudifu Oputa Mentoring and Training Program for Young Lawyers” and I have been funding that at my own expenses. I began this training programme due to my realization that the younger lawyers rarely get opportunities to meet with the more experienced lawyers for proper advising and counselling.

I also organize public lecture series which is currently in its 14th (fourteenth) edition to educate lawyers and the public, annually. I bear all the costs and ensure all our participants benefit from the programme. Even our Annual Lectures, I do not collect a dime from anyone, because you may create the impression you are using it to collect money from people, to keep half of it and then use the other half for the project. I have an NGO, I have a charity organization, and I fund them. If I do not have money, I keep it aside though it is not wrong to collect money from anywhere; there is nothing wrong with that, provided one is accountable. The program has been on for almost eight years and we have mentees from all over the country. I will always say this; whatever you do does not go in vain. I was involved in that project and little did I know that Honorable Justice W.O. Onnoghen, then the Chief Justice of Nigeria, was thinking of creating a new committee of the Body of Benchers Mentoring for Young Lawyers.

On a very good day, Mrs. Turaki came to my office to get information about what I have been doing. She said, Hon. Justice Onnoghen requested for you as he was trying to make someone the Chairman of the Body of Benchers Mentorship Committee for Young Lawyers but does not know anyone that was qualified for it, but was told by some Judges and senior lawyers that Gadzama has been doing that. And before you could say Jack Robinson, I was thereafter made the Chairman. People watch what you do; therefore, you must be dedicated to your work. So the young ones, without wasting much of your time, let me try and finish by deducing two different aspects, which I believe are the major components of this talk. I assure you and enter into a covenant with you that all I have said today shall be reduced into writing probably before the next meeting and sent across for distribution to members particularly for those who are not here and even for those who are on the way coming.

The two important points:
1. What is the plight of young lawyers?
2. What advice do I have for them tonight?

What is the Plight of Young Lawyers?
Regarding the plight of young lawyers, we know that the economy is down the line, everyone is suffering, the country as an entity is suffering, businessmen are suffering, employers are suffering, and younger ones are suffering. The younger ones in those days, some twenty, fifteen, even ten years back even probably five years back in this branch and in all the branches, will go to CAC and queue and break even, earn something on a daily basis, in some cases weekly basis, monthly basis and so on and so forth. When I say young lawyers, I mean young lawyers who are employees in firms and young lawyers who are standing alone. This is the categorization, today is it still possible at the CAC? They will tell you go online. You apply online, you may not hear from them, you operate online, and there may be no response. So that door appears to have been shut. As it stands, the problem is what can the excos and I do to once again to open these doors and windows for the young lawyers.

Secondly, I enjoyed appearing in the magistrate courts in those days during my own time when I was starting. There was a day I did ten cases in one day in ten different courts; I was the driver, as I had no driver. I drove from one court to the other in Maiduguri. Ten cases, ten different courts, is it possible today? I made little money, I will not say little money, good money, and maybe I am saying little because of where I am today. These magistrate and district courts: what can we do for young lawyers to earn a living there?

The third one, land registry, it appears our young ones cannot make a good income again from land registry, what do we do? In Warri and Edo State for example, they have taken steps to even engage government to come out with policies. They are trying to convince the national leadership of the bar to come out with policies to help young lawyers regarding land. Even in my time, E.C Ikeji was the Chairman when I joined this branch. And he made me Chairman of the Law Week Committee . That was how I began to develop interest in leadership at the Bar. I became Chairman, served in more than 30 committees as Chairman, here and then at the National level. Look at how someone unknowingly helped to build my CV.

Now apart from these problems, there are many other problems young ones are facing. No good salaries and some no good network. There are statistics that shows 50% of graduates of the law school as they come out in their 4000 to 5000 looking for work, 50% will not get work, ¼ may get while others will go to other industries. So what do we do? I know as it stands, Olumide Akpata is working hard. Of recent, he set up the NBA Remuneration Committee which has come up with its report. When we had NEC meeting two weeks ago and we are going to have an emergency meeting again most likely next week Tuesday, this issue is one of the issues that will be discussed. What can we do? What are the minimum payments, salaries, privileges that young lawyers are entitled to in our firms? How do we ensure compliance, how do we set up a monitoring committee to ensure compliance by all of us? So, these are the questions, I do not have the answers, I may have one or two answers but all of us have ideas even the young ones. We want to hear from them because they have a viewpoint that we seem to be lacking. Therefore, the plight of the young lawyer, the average young lawyer is enormous.

Let me go to the final question which I asked earlier.
What Advice do we the seniors have for the Young Lawyers?
I changed the name some ten years back from “juniors” to “young” lawyers. They were called juniors even in our courts but during one of those activities, I said I will not call them juniors; I will call them young lawyers. That was how we began to have “young lawyers”, the records are there, and I have them in writing. Another thing I did if memory serves me right was when I made efforts to be president of the bar in the past, though I do not want to circulate it so that I do not breach any code or any regulations but I can bring it during the next meeting and some of you will see where I posited in writing that I do not want a situation which has been the case in Nigeria whereby when you qualify to wear silk, some are chosen and some are not chosen and we are not told why those others are not chosen.

What is being done in England is that the authorities consciously make about 10% of the populations of lawyers, QC. The question you and I will ask here is this, what is the percentage of the SAN in Nigeria against those who are not SAN? Roughly 1% or 0. We have about 600 SAN including the deceased. Then we have about 175,000 lawyers, so if we have 500 or let us even say 600 SAN against 175,000 lawyers, what is the percentage? Do the calculation; you can call your accountant to give you the answer. Anyone that gives the correct answer will receive a prize which I will announce at the next meeting. My stand is if one meets the requirements, one should get it, except there is an issue of counter proving that. Now it is coming to pass, so we have opened the gate wide.

When I took silk, we were 12 in numbers but I was the youngest in that group. And the other younger people next to me in that group were Olisa Agbakoba, SAN and Rotimi Akeredolu SAN, respectively the Chairman NBA Board of Trustees and Governor of my second home, Ondo State where I am the Bobajiro of Akure Kingdom. They were called to bar in 78, I was called to the bar in 86, a gap of 8 years between them and me. I was, therefore, by far the youngest in that group. God gave me the privilege to join them and we were 12. There are many of you who deserve to wear silk, you are not wearing silk and I do not know anybody who wears silk that does not deserve to be there. I do not know whether you understand my position. Anybody wearing silk today, in my mind, I strongly opined that he deserves to be a silk. But there are many who deserve to be silk but they are not there because the system is not running effectively and efficiently. So all I am saying is, if 200 qualify to wear silk, the 200 should wear it. So that is my own position and I said it ten years ago in writing and it is coming to pass. So a lot of things have been done by us to shape today and the future of the profession that people do not know about but the records are there, and that is the good thing.

My personal Advice
Back to the young lawyers, there are many plights of young lawyers. But let me go to my own personal advice. One, be the decider for your fate. Your parents can advise you, Chief Onoja SAN can advise you, our host Chief Sir Patrick O. Okolo, SAN can advise you but decide for yourself. I will give you an example of what I did and I thank God. When I graduated, University of Maiduguri invited me as a Graduate Assistant to teach law. I got admission to University of Lagos to do my masters, I also got admission to go abroad to do masters. I sat down and said to myself “remember you are not a man of means, you are a man of straw”. I decided to go and practice and I started with nothing. I took my own fate in my hands and it worked for me. I took silk at a young age. When Atoyebi, SAN tells people how he became silk, you will marvel. We were travelling to Kaduna and he heard me telling a classmate whose name I do not want to mention for confidential reason, that if you want to be silk do ABCD, he copied that just as I did. The difference was that I copied from a paper, he copied from what he heard.

Look for the means; look for the interesting things out there. You can be with somebody for 7 days, and it is enough, if you know what you are doing, compared to where somebody stays for 10 years without learning much. Pick something and go with it. Atoyebi, SAN did that, he started implementing when he left me. He was introduced to me by a friend to work with me, I said no space, but I will give you one year. He did well, and I gave him another year then he left. He picked what he wanted to pick and started implementing, he beats my record, took silk at a younger age than me. So, this is what gladdens our hearts, that is if you are able to impact on your immediate environment. So like I told you, decide for yourself. Today do not be jack of all trades and master of none; this is the tradition we have in Nigeria. No, pick two or three areas of law practice, maximum of three, then specialize in them. So that in the event of a frustrating event, like corona virus, if one door closes and it is litigation, you go to another job and survive for some time before the major door opens again. But for you to say you want to do everything, it is not possible. So, the young ones I am speaking to you, do not make our mistakes. If you do not commit our mistakes, you will be greater than us and that is what will gladden us even in our graves. We will be happy that these young people were smart enough to merge their intelligence with ours and are doing better for themselves. Because we want you to be better, better versions of us, both our biological children, our mentees in our offices, who are informal and indirect mentees. This is what will gladden our heart.

Conclusion
I wish you well, there is a lot to say, I can talk for the next one hour but it is not advisable. Therefore feel free to keep in touch, you all know where you can reach me. My number is available, let me give you my number again for the young ones who do not have it, take my number. If you call me and I do not pick, send a text, I will respond 08022231999. We are proud of all of you.

Our young lawyers, you are talented, you are bright, you have your future ahead of you, you have vision but get counsel from the senior ones, engage them, look for someone as a role model and copy and paste with some few adjustments. The sky will not be your limit, it will be your beginning level, and you will go places.

Thank you.

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TOP LAGOS LAW FIRM NEEDS LITIGATION LAWYERS

A Tier-1 law firm with corporate office in Ikoyi, Lagos requires urgently the services of legal practitioners:

1. 10 (Ten) years post-call experience.

2. 6 (Six) years post-call experience.

The ideal candidates must possess strong litigation experience and should be able to work without supervision.

The salary is very competitive and in accordance with industry standards.

Interested candidates should email legaljobs77@gmail.com on or before Tuesday, March 5, 2022.

Please note that only shortlisted applicants will be contacted.

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CAC, AMCON, BRIPAN PARTNER TO BOOST SERVICES

The Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) has met with the management of Asset Management Corporation of Nigeria (AMCON) towards improving the insolvency practice and licensing in the country.

The President of BRIPAN, Mr. Ayodele Akintunde, SAN, who led the delegation to AMCON office in Abuja, said the agency had done a good job in trying to stabilise the banking system by ensuring that debts are taken care of.

“The debt recovery regime in Nigeria is still a work in progress such that law reform, training and necessary support are needed to ensure that recovery of debt and sales of assets are easily achievable,” he said.

He said the idea of the visit was to partner with the agency towards improving the insolvency practice and business rescue mechanism available in Nigeria, adding that it was also to improve the training of insolvency practitioners.

The Managing Director of AMCON, Ahmed Kuru, said that the corporation had recovered a debt of N1 trillion since inception “and has anchored a lot of businesses that are presently running.” Kuru said that the corporation had resolved more than four to five thousand business relationships.

He explained that the organisation is not a hospital where if businesses fail, you just walk in and AMCON takes over. According to him, that is a very wrong impression of the corporation. “We don’t take, have not taken and will not take any case like that. AMCON is still battling with the ones taken during the global financial crisis,” he said.

“AMCON is created to buy non-performing loans, resuscitate the non-performing loans even though some of these non-performing loans have been with these banks for more than 10 to 15 years before being transferred to AMCON. AMCON has been able to resolve quite a lot of those transactions and in doing that, it has recovered a lot of funds.”

Also in a visit to the Corporate Affairs Commission (CAC), Akintunde said the essence was to engage with the Registrar-General and his executive team to explore further areas of cooperation.

“As you all know, CAC is a regulator of insolvency practice in Nigeria,” he said. “And as the leading provider of insolvency training and certification in Nigeria, we have come to have a useful discussion with the registrar-general about improving the practice of insolvency, improving the licensing of insolvency, improving training and capacity building even within the CAC and among practitioners.”

Responding, the Registrar-General, Alhaji Garba Abubakar assured BRIPAN of his support in the improvement of insolvency regime in Nigeria.

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